HBA-BSM H.B. 2683 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2683
By: Allen
Land & Resource Management
3/23/2001
Introduced



BACKGROUND AND PURPOSE 

Many municipalities have actively promoted the development of public
improvement projects for the purpose of funding maintenance and improvement
of neighborhood amenities and rights-of-way.  Although public improvement
projects (PIDs) are authorized to maintain and improve common areas, PIDs
are not currently authorized to enforce deed restrictions and maintain
architectural control.  These functions are usually performed by a property
owners' association. However, these functions are not always addressed if
the association has no mandatory membership requirements.  House Bill 2683
authorizes public improvement projects to enforce deed restrictions and to
perform architectural control in accordance with declarations properly
recorded in county deed records. 

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 2683 amends the Local Government Code to authorize a
municipality to undertake a public improvement project to enforce a deed
restriction relating to property in the district and  approve or deny
applications for proposed original construction or modification of a
building, structure, or improvement located in the district according to
applicable guidelines adopted by a property owners' association, and
recorded in the real property records of the county in which the property
is located. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.