BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1473

81R8708 PAM-D                                                                                                By: Geren (Nelson)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/19/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, hearings are required for any changes to certain subdivisions in which a golf course is included in the subdivision's development. These hearings are only required in a municipality that has a population of more than 50,000 and is located wholly or partly in a county with a population of more than three million or in a county with a population of more than 275,000 that is adjacent to a county with a population of more than three million. Such hearings help to protect the rights of persons who moved into certain subdivisions for the golf course.

 

This bill adds counties with a population of 1.4 million, in which two or more municipalities with a population of 300,000 or more are located and are adjacent to a county with a population of more than two million to the list of counties to which this statute applies.

 

H.B. 1473 relates to the application of certain requirements affecting certain subdivision golf courses.

 

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 by Section 212.0155(a), Local Government Code, to provide that this section applies to land located wholly or partly in the corporate boundaries of a municipality if the municipality has a population of more than 50,000 and is located wholly or partly in a county with a population of more than three million; a county with a population of more than 275,000 that is adjacent to a county with a population of more than three million; or a county with a population of more than 1.4 million in which two or more municipalities with a population of 300,000 or more are located and that is adjacent to a county with a population of more than two million.  Makes nonsubstantive changes.

 

SECTION 2.  (a)  Makes the change in law made by Section 212.0155 (Additional Requirements for Certain Replats Affecting a Subdivision Golf Course), Local Government Code, as amended by this Act, notwithstanding Chapter 245 (Issuance Of Local Permits), Local Government Code, prospective.

 

(b)  Provides that the change in law made by Section 212.0155, Local Government Code, as amended by this Act, does not apply to a lawsuit filed before the effective date of this Act.  Provides that that section applies to land that is the subject of a lawsuit filed before the effective date of this Act on the date the decision in that lawsuit becomes final or the suit is otherwise terminated.

 

SECTION 3.  Effective date:  upon passage or on the 91st day after the last day of the legislative session.