HBA-MPM, NIK H.B. 2572 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2572
By: Junell
Land & Resource Management
9/14/1999
Enrolled



BACKGROUND AND PURPOSE 

A municipality with a population of 250,000 or less owning land within
5,000 feet of a lake may sell the land to the current lessee without notice
or solicitation of bids.  Prior to the 76th Legislature, the City of San
Angelo was in the process of selling lots on Lake Nasworthy.  In order for
the city to maintain its municipal water supply, H.B. 2572 prevents a
person from constructing a dam or reservoir on property sold to that person
by a municipality. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 272.001(h), Local Government Code, to make
property sold by a municipality under this subsection ineligible for the
exemption provided by Section 11.142(a) (Permit Exemptions), Water Code, in
order to protect the public health, safety, or welfare and to ensure an
adequate municipal water supply.  Provides that the owner of the property
is ineligible for this exemption as well.  Provides that the instrument
conveying property under this subsection must include a provision stating
that the exemption does not apply to the conveyance. 

Section 11.142(a) authorizes a person to construct on the person's own
property a dam or reservoir with normal storage of no more than 200
acre-feet of water for domestic and livestock purposes without obtaining a
permit. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.