HBA-LJP H.B. 3549 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3549
By: Chisum
Land & Resource Management
4/18/2001
Introduced



BACKGROUND AND PURPOSE 

In some municipalities, public and private educational facilities are
subject to different site development criteria within the same municipality
because of zoning issues.  As a result, some educational facilities have
had different standards and criteria imposed on them by the same
municipality.  House Bill 3549 requires a municipality that regulates the
development of land for public or private schools to enforce identical
development regulations and the least restrictive development regulations
throughout its corporate limits on both public and private schools. 

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 3549 amends the Local Government Code to require a municipality
that regulates the development of land for public or private schools to
enforce identical development regulations throughout its corporate limits
regardless of whether the educational use is public or private.  The bill
requires the municipality to enforce the least restrictive development
regulations throughout its corporate limits on both public and private
schools necessary to achieve the compelling governmental interest in
regulation of them. 

EFFECTIVE DATE

September 1, 2001.