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


Office of House Bill AnalysisH.B. 2572
By: Junell
Land & Resource Management
4/1/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, 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.  The City of San Angelo is in the process
of selling lots on Lake Nasworthy.  In order for the city to maintain its
municipal water supply, H.B. 2572 allows a municipality to reserve all or
part of the riparian rights associated with land sold under this
subsection. Riparian rights are "the rights of owners of land on the banks
of watercourses, relating to the water, its use, ownership of soil under
the stream, accretions, etc." (Black's Law Dictionary, Abridged Sixth
Edition). 

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 authorize
the municipality to reserve all or part of the riparian rights associated
with land sold under this subsection to protect the public health, safety,
or welfare and to ensure an adequate municipal water supply. 

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