HBA-MSH H.B. 2580 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2580
By: Bosse
Civil Practices
7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

Many Texas cities rely on zoning to plan and control land use, while
others, such as the city of Houston, rely on recorded covenants or deed
restrictions.  Zoning is listed in the Texas Tort Claims Act as a
governmental function, but prior to the 77th Legislature, deed restriction
enforcement was not mentioned. An appellate court case, Oldfield v. City of
Houston, held that the enforcement of deed restrictions was a proprietary
rather than a governmental function, hindering the ability of a city to
enforce such restrictions. The decision resulted in a number of
difficulties for the city of Houston regarding deed restriction violations
and their enforcement.  House Bill 2580 adds to the enforcement of deed
restrictions and actions filed by a municipality to enforce them to the
list of the governmental functions of 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. 

ANALYSIS

House Bill 2580 amends the Civil Practice and Remedies Code to add the
enforcement of land use restrictions contained in plats and other
instruments to provisions relating to the liability of a municipality for
damages arising from its governmental functions.  

The bill amends the Local Government Code to provide that an action filed
by a municipality to enforce a land use restriction contained in a plats
and other instrument is a governmental function of the municipality. 

EFFECTIVE DATE

June 16, 2001.