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.