HBA-CBW H.B. 2242 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2242
By: Hardcastle
Agriculture & Livestock
3/13/2001
Introduced



BACKGROUND AND PURPOSE 

Housing pressure from urban centers has created a situation in which
developers and others are moving into what were once rural areas to build
new homes. In many of these areas small flood control structures,
constructed more than 30 years ago to protect urban areas from flooding,
have created small lakes.  The vast majority of these flood control
structures have easements associated with them to prevent the building of
homes and other structures in the flood pool.  In their search for "scenic"
homesites, many developers simply ignore existing easements and often build
to the water's edge or on the dam structure itself.  Flood control
structures were designed to alleviate flooding, so the water level can vary
greatly.  When soil and water conservation districts (districts) attempt to
enforce the existing easements many developers ignore these efforts and the
matter goes to court.  Districts have extremely limited resources for this
type of action and usually end up letting the matter drop. House Bill 2242
authorizes the district to call upon the attorney general of the state to
provide legal services in specified situations. 

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. 

ANALYSIS

House Bill 2242 amends the Agriculture Code to authorize soil and water
conservation districts to call upon the attorney general of the state to
provide legal services in the case where the district has expended 25
percent of the district's financial resources to enforce flood easements
held by the district. 

EFFECTIVE DATE

The bill takes effect on the 91st day after the last day of the legislative
session.