HBA-MPA H.B. 427 76(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 427
By: Turner, Bob
County Affairs
3/1/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, lawsuits by counties over boundary disputes can languish in
litigation for years, costing taxpayers money and often yielding minimal
change in property tax revenue.  Technical advancements allowing for
greater accuracy in calculating boundaries are likely to lead to more such
disputes.  C.S.H.B. 427 authorizes a county to ask for a summary judgment
from the court in a boundary dispute in an effort to expedite a decision in
these cases.  The bill also provides that it does not apply to any pending
litigation. 

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 72.009(b), Local Government Code, to authorize a
county that is suing an adjacent county in order to establish a common
boundary to file a motion for summary judgment to declare the true boundary
between the counties, if the boundary has been established under prior law
for at least 25 years.  Requires the court to issue a summary judgment if
the evidence supports the motion.  Makes nonsubstantive changes. 

SECTION 2.  Makes application of this Act prospective to any pending
litigation on the determination of a county boundary. 

SECTION 3.Emergency clause.
  Effective date:  90 days after adjornment.


COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 2.  Adds provision that the change in law made by this Act does not
apply to any litigation on a determination of a boundary line pending on
the effective date of this Act.