HBA-BSM C.S.H.B. 3479 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3479 By: Eiland Land & Resource Management 4/16/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Many subdivisions along the Texas coast were created in an earlier era. Some of these subdivision restrictions are now in need of updating to include provisions for maintenance fees and for assessments for shore protection, including in the event of storm damage. Currently, there are instances where a single subdivided community is actually made up of separate sections, each of which is technically a separate subdivision. C.S.H.B. 3479 authorizes residents in counties with a population of 2.8 million or more, or a county with a population of 250,000 or more that is adjacent to a county with a population of 2.4 million or more to amend the restrictions on residential real estate subdivisions. 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 C.S.H.B. 3479 amends the Property Code to set forth that provisions relating to the powers of a property owners' association relating to restrictive covenants in certain subdivisions apply only to a residential real estate subdivision that is located in whole or part in a county with a population of 2.8 million or more, or a county with a population of 250,000 or more that is adjacent to a county having a population of 2.4 million or more. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3479 modifies the original bill by increasing the county population requirements from a population of 200,000 or more to a county with a population of 2.8 million or more, or a county with a population of 250,000 or more that is adjacent to a county having a population of 2.4 million or more. The substitute changes the effective date of the bill to September 1, 2001, rather than on passage.