BILL ANALYSIS

H.B. 3851

By: Eiland

Defense & Veterans' Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Hurricane Ike caused a considerable amount of water damage to a variety of tax-related documents in the Galveston area, and lack of access to the island further impeded the normal course of civic affairs. Communication difficulties following the hurricane also resulted in missed statutory deadlines and the inability to notify the public of relevant hearings.

H.B. 3851 provides the authority to extend a statutory deadline by up to 30 days for a political subdivision in a declared disaster area.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3851 amends the Government Code to establish that a statutory deadline imposed on a political subdivision, including a deadline relating to a budget or property tax, is suspended if the territory of the political subdivision is wholly or partly located in the area of a disaster declared by the president of the United States or the governor and the presiding officer of the political subdivision, or if there is no presiding officer, the political subdivision's governing body, proclaims the political subdivision is unable to comply with the requirement because of the disaster. The bill authorizes the presiding officer or the governing body of the political subdivision to issue an order ending the suspension of a statutory deadline, and prohibits a statutory deadline from being suspended for more than 30 days after the date the presiding officer or governing body, as appropriate, makes the proclamation that the political subdivision is unable to comply with the deadline.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.