BILL ANALYSIS

C.S.H.B. 3088

By: Workman

Land & Resource Management

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Current state law provides that, on the date the first application for certain permits are filed, applicable rules, regulations, and requirements are locked, or vested, in regard to the permits.  Interested parties contend that when certain statutes relating to vested rights were inadvertently repealed several years ago some cities, despite warnings from legislators, passed ordinances creating their own rules and time periods for the length of projects.  The parties further contend that when the state later reinstated those statutes there were conflicts between local ordinances and state law. C.S.H.B. 3088 seeks to address this issue by establishing provisions relating to the enforcement of requirements for the issuance of certain local permits by regulatory agencies of political subdivisions.

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

C.S.H.B. 3088 amends the Local Government Code to remove language limiting the enforcement methods of provisions governing the issuance of local permits relating to a water or wastewater utility owned, operated, or controlled by a regulatory agency to enforcement only through mandamus or declaratory or injunctive relief. The bill authorizes the attorney general to bring an action to enforce such provisions. The bill makes a political subdivision liable for actual damages and reasonable attorney's fees if it is found in a civil action that the political subdivision has violated such provisions. 

EFFECTIVE DATE

September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 3088 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Section 245.006, Local Government Code, is amended to read as follows: (a)  Sec. 245.006.  ENFORCEMENT OF CHAPTER.  (a)  This chapter may be enforced [only] through mandamus or declaratory or injunctive relief. (b)  A political subdivision's immunity from suit is waived in regard to an action under this chapter.  A political subdivision is liable for actual damages, consequential damages, and attorney's fees related to a violation of this chapter.	SECTION 1.  Section 245.006, Local Government Code, is amended to read as follows: Sec. 245.006.  ENFORCEMENT OF CHAPTER. (a) This chapter may be enforced [only] through mandamus or declaratory or injunctive relief.  The attorney general may bring an action to enforce this chapter. (b)  A political subdivision's immunity from suit is waived in regard to an action under this chapter.  If it is found in a civil action that a political subdivision has violated this chapter, the political subdivision is liable for actual damages and reasonable attorney's fees.
SECTION 2.  The change in law made by this Act applies to a cause of action that accrues before, on or after the effective date of this Act.	SECTION 2.  The change in law made by this Act applies only to an action commencing on or after the effective date of this Act. An action commencing before the effective date of this Act is governed by the law in effect on the date the action commenced, and the former law is continued in effect for that purpose.
SECTION 3.  This Act takes effect September 1, 2013.	SECTION 3. Same as introduced version.