BILL ANALYSIS Senate Research Center H.B. 2256 83R10100 CJC-F By: Howard; Naishtat (Watson) Economic Development 4/29/2013 Engrossed BILL ANALYSIS Senate Research Center H.B. 2256 83R10100 CJC-F By: Howard; Naishtat (Watson) Economic Development 4/29/2013 Engrossed Senate Research Center H.B. 2256 83R10100 CJC-F By: Howard; Naishtat (Watson) Economic Development 4/29/2013 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT As Austin becomes more populated and the downtown area gets increasingly dense, there is growing pressure on the Capitol view corridors. Those corridors are currently protected through city ordinance and state law, but the statute can be strengthened to further protect the iconic view of the state Capitol along Congress Avenue. H.B. 2256 will ban construction along the west side of Congress Avenue within 60 feet of the street and with a height of more than 90 feet, and on the east side of Congress within 40 feet of the street and beyond the 90 foot height limit. H.B. 2256 amends current law relating to the view of the State Capitol. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 3151, Government Code, by adding Section 3151.0021, as follows: Sec. 3151.0021. DEFINITION OF CONGRESS AVENUE VIEW CORRIDOR. Defines "Congress Avenue view corridor" in this chapter. SECTION 2. Amends the heading to Section 3151.051, Government Code, to read as follows: Sec. 3151.051. PROHIBITED CONSTRUCTION; CAPITOL VIEW CORRIDOR. SECTION 3. Amends Subchapter B, Chapter 3151, Government Code, by adding Section 3151.0511, as follows: Sec. 3151.0511. PROHIBITED CONSTRUCTION; CONGRESS AVENUE VIEW CORRIDOR. Prohibits a person from beginning, in the Congress Avenue view corridor, construction of a structure: (1) on the west side of Congress Avenue that is within 60 feet of Congress Avenue and has a height that exceeds 90 feet; and (2) on the east side of Congress Avenue that is within 40 feet of Congress Avenue and has a height that exceeds 90 feet. SECTION 4. Amends Section 3151.053, Government Code, as follows: Sec. 3151.053. New heading: CONFLICT WITH OTHER REQUIREMENTS. Provides that if a requirement of this chapter conflicts with a requirement enacted by a municipality or with any other requirement under state law, the stricter requirement prevails. SECTION 5. Effective date: upon passage or September 1, 2013. AUTHOR'S / SPONSOR'S STATEMENT OF INTENT As Austin becomes more populated and the downtown area gets increasingly dense, there is growing pressure on the Capitol view corridors. Those corridors are currently protected through city ordinance and state law, but the statute can be strengthened to further protect the iconic view of the state Capitol along Congress Avenue. H.B. 2256 will ban construction along the west side of Congress Avenue within 60 feet of the street and with a height of more than 90 feet, and on the east side of Congress within 40 feet of the street and beyond the 90 foot height limit. H.B. 2256 amends current law relating to the view of the State Capitol. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 3151, Government Code, by adding Section 3151.0021, as follows: Sec. 3151.0021. DEFINITION OF CONGRESS AVENUE VIEW CORRIDOR. Defines "Congress Avenue view corridor" in this chapter. SECTION 2. Amends the heading to Section 3151.051, Government Code, to read as follows: Sec. 3151.051. PROHIBITED CONSTRUCTION; CAPITOL VIEW CORRIDOR. SECTION 3. Amends Subchapter B, Chapter 3151, Government Code, by adding Section 3151.0511, as follows: Sec. 3151.0511. PROHIBITED CONSTRUCTION; CONGRESS AVENUE VIEW CORRIDOR. Prohibits a person from beginning, in the Congress Avenue view corridor, construction of a structure: (1) on the west side of Congress Avenue that is within 60 feet of Congress Avenue and has a height that exceeds 90 feet; and (2) on the east side of Congress Avenue that is within 40 feet of Congress Avenue and has a height that exceeds 90 feet. SECTION 4. Amends Section 3151.053, Government Code, as follows: Sec. 3151.053. New heading: CONFLICT WITH OTHER REQUIREMENTS. Provides that if a requirement of this chapter conflicts with a requirement enacted by a municipality or with any other requirement under state law, the stricter requirement prevails. SECTION 5. Effective date: upon passage or September 1, 2013.