SRC-VRA H.B. 2732 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2732
78R6677 AKH-DBy: Talton (Lindsay)
Intergovernmental Relations
5/17/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, if a property owner is either jointly or severally
aggrieved by an order of a local building and standards commission panel (
panel), the owner may present a petition to a district court setting forth
grounds for vacating the order.  A copy of the panel's order is kept by
the building and standards commission by statute.  In addition, current
law requires that an additional copy of the panel's order be filed and
kept by the municipal clerk or secretary.  In the City of Houston, the
city secretary has received a request for a copy of the panel's order on
two occasions in eight years.  H.B. 2732 eliminates the requirement that
the panel's order be filed and kept by the municipal secretary or clerk in
municipalities of 1.9 million or more.  In addition, H.B. 2732 exempts
cities of more than 1.9 million from the requirement that a municipal
enforcement order regarding substandard buildings be filed with the
municipal secretary or clerk. Currently, the City of Houston is the only
Texas municipality within those brackets. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 54.039(a), Local Government Code, to add an
exception in a municipality with a population of 1.9 million or more to
existing text requiring certain municipal orders to be filed in the office
of the municipal secretary or clerk. 

SECTION 2.  Amends Section 214.001(f), Local Government Code, to require
the municipality, within 10 days after the date that the order is issued,
to file a copy of the order in the office of the municipal secretary or
clerk, if the municipality has a population of 1.9 million or less.   

SECTION 3.  Effective date:  September 1, 2003.