BILL ANALYSIS

Senate Research Center                                                                                                      S.B. 1317

80R7838 DRH-D                                                                                                  By: Jackson, Mike

Natural Resources

3/27/2007

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Currently, a municipality may define and prohibit any nuisance within the limits of the municipality and within 5,000 feet outside those limits. However, a certain city in Texas has attempted to regulate air pollution outside of its corporate city limits.

As proposed, S.B. 1317 amends current law to provide that a municipality may define and prohibit any nuisance within the limits of the municipality and, for a nuisance the definition of which does not involve air pollution, within 5,000 feet outside those limits.

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 217.042(a), Local Government Code, to authorize a municipality to define and prohibit any nuisance within the limits of the municipality and, for a nuisance the definition of which does not involve air pollution, within 5,000 feet outside the limits.

SECTION 2.  Amends Section 382.113(b), Health and Safety Code, to provide that an ordinance enacted by a municipality does not apply outside the corporate limits of the municipality.

SECTION 3.  Effective date: upon passage or September 1, 2007.