HBA-DMH H.B. 450 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 450
By: Yarbrough
Land and Resource Management
4/19/2001
Introduced



BACKGROUND AND PURPOSE 

Current law requires a municipality to issue a building permit if the
application process is properly fulfilled. In most areas, applicable zoning
laws are in place to provide members of the community with legal  remedy
should they desire to oppose a certain project.  However, in an area where
zoning laws have not been enacted citizens have no such recourse.  House
Bill 450 authorizes a municipal agency that is authorized to issue
commercial building permits in a municipality with a population of more
than one million to deny an application for a commercial building permit if
the denial is in the best interests of the public. 

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 450 amends the Local Government Code to authorize a municipal
agency that is authorized to issue commercial building permits (department)
in a municipality with a population of more than one million to deny an
application for a commercial building permit if the denial is in the best
interests of the public, as determined by either the department or the
governing body of the municipality after a public hearing.   

The bill requires the department and the applicant to each provide written
notice, within a specified time period,  to each owner of real property
within 1,500 feet of the property on which the proposed construction or
repair will take place.  The bill requires the governing body of the
municipality  to hold a public hearing and publish notice of the hearing
according to the requirements set forth in the bill if the governing body
is presented with a written petition protesting the issuance of the
commercial building permit, the petition is signed by at least 20 percent
of the owners of the land within 1,500 feet of the property, and it is
presented before the 30th day after the date the notice is given by the
municipality. 

If the governing body of the municipality conducts a hearing and decides
that denial of the commercial building permit is in the best interests of
the public, the bill prohibits the department from issuing the permit. The
bill prohibits a commercial building permit from taking effect before the
required notice is given and any required hearing is concluded. 

EFFECTIVE DATE

September 1, 2001.