BILL ANALYSIS

H.B. 3369

By: Dean

Land & Resource Management

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Municipal impervious cover restrictions have prevented other taxing units from necessary development. For example, a water control and improvement district that wants to install a backup power generator to run pumps and a water treatment plant during an extended power outage could be prevented from installing the generator by overly burdensome impervious cover restrictions of a municipality. While a municipality can offer a waiver from the restrictions, it is often the case that a municipality makes other taxing units jump through many onerous hoops to get the waiver or the municipality just outright denies the waiver as unnecessary. If taxpayers from a taxing unit deem a development with impervious cover necessary, another taxing unit, such as a municipality, should not be able to restrict that necessary development. A backup power generator being installed by a water control and improvement district is different than a homeowner wanting to build a patio or a tennis court. H.B. 3369 seeks to address this issue by exempting a property that is owned by a taxing unit in a political subdivision from an ordinance, order, or other regulation adopted by the political subdivision relating to impervious cover.

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. 3369 amends the Local Government Code to exempt a property that is owned by a taxing unit in a political subdivision from an ordinance, order, or other regulation adopted by the political subdivision relating to impervious cover. The bill provides for the meaning of "taxing unit" by reference to its definition under the Property Tax Code.

EFFECTIVE DATE

September 1, 2023.