HBA-NIK C.S.H.B. 3736 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3736 By: Eiland Land & Resource Management 4/23/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, only suburbs adjacent to large cities have access to the procedures governing restrictive covenants. While other homeowners' associations could benefit from these procedures, they are currently unavailable under the Property Code. C.S.H.B. 3736 extends such access to homeowners' associations in the incorporated area of a county having a population of 190,000 or more that is adjacent to a county having a population of 2,400,000 or more. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 201.001(a), Property Code, to make this chapter (Restrictive Covenants Applicable to Certain Subdivisions) applicable to a residential real estate subdivision that is located in whole or in part in the incorporated area of a county having a population of 190,000 or more that is adjacent to a county having a population of 2,400,000 or more. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3736 modifies the original bill in SECTION 1 by removing text proposed in Section 201.001(a), Property Code, which provides that this chapter applies to a residential real estate subdivision that is located in whole or in part in the incorporated area of a county having a population of more than 2,400,000 if the subdivision is governed by one property owners' association and contains more than 15 separate sections in which each section is governed by separate restrictive covenants.