BILL ANALYSIS

H.B. 3174

By: Reynolds

Urban Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that including an environmental report in a municipality's comprehensive plan for long-range development would show the environmental benefits and burdens different citizens may experience with regard to proposed development. H.B. 3174 seeks to provide more opportunity for data gathering and public comment by requiring the inclusion of and periodic updates to a multipoint environmental evaluation report in any comprehensive plan a municipality undertakes.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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. 3174 amends the Local Government Code to require the governing body of a municipality that has adopted a comprehensive plan for the long-range development of the municipality to update the plan at least every five years. The bill restricts the means of adopting or amending the plan to adoption or amendment by ordinance. The bill requires a municipality's governing body, as part of the municipality's comprehensive plan, to also adopt an environmental evaluation report that includes projected environmental changes that may be reasonably anticipated due to implementation of the comprehensive plan regarding air, water, and soil quality; any adverse environmental effects to be monitored due to changes in air, water, and soil quality; an evaluation of projected environmental benefits that may be reasonably related to implementation of the comprehensive plan; an evaluation of adverse environmental results that may be reasonably related to implementation of the comprehensive plan; measures for the identification and environmental protection of environmental resources that may reasonably be affected by the plan; and either an assessment of the cost to remedy or mitigate any identified adverse environmental effects or results or a feasibility study of alternative planning that mitigates those adverse effects or results. The bill authorizes the environmental evaluation report to include the organizational structure of community planning committees and the identification of best practices, procedures, processes, and resources for developing, implementing, achieving, reviewing, and maintaining continuous improvement in environmental policy.

EFFECTIVE DATE

September 1, 2017.