HBA-CBW H.B. 3118 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3118
By: Edwards
Land & Resource Management
4/19/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, local governments are not expressly authorized to
regulate facilities that produce, discharge, or emit pollutants.  Allowing
local governments to regulate these facilities could enable the local
communities to address concerns and help establish a more efficient way to
monitor facilities that produce, discharge, or emit pollutants.  House Bill
3118 authorizes the governing body of a municipality with a population of
1.5 million or more that does not exercise zoning authority by ordinance to
regulate facilities that produce, discharge, or emit pollutants. 

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 3118 amends the Local Government Code to authorize the governing
body of a municipality with a population of 1.5 million or more that does
not exercise zoning authority by ordinance to regulate facilities located
within the municipal boundaries or the extraterritorial jurisdiction of the
municipality that produce, discharge, or emit pollutants.    The bill
authorizes the  ordinances to require modifications to existing facilities
or structures to achieve compliance with adopted standards. 

EFFECTIVE DATE

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