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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of platting and subdivisions of land by a |
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municipality or county. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 212.003(a), Local Government Code, is |
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amended to read as follows: |
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(a) In [The governing body of a municipality by ordinance |
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may extend to the extraterritorial jurisdiction of the municipality |
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the application of municipal ordinances adopted under Section |
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212.002 and other municipal ordinances relating to access to public |
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roads or the pumping, extraction, and use of groundwater by persons |
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other than retail public utilities, as defined by Section 13.002, |
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Water Code, for the purpose of preventing the use or contact with |
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groundwater that presents an actual or potential threat to human |
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health. However, unless otherwise authorized by state law, in] its |
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extraterritorial jurisdiction a municipality shall not regulate, |
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either directly or indirectly: |
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(1) the use of any building or property for business, |
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industrial, residential, or other purposes; |
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(2) the bulk, height, or number of buildings |
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constructed on a particular tract of land; |
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(3) the size of a building that can be constructed on a |
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particular tract of land, including without limitation any |
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restriction on the ratio of building floor space to the land square |
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footage; |
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(4) the number of residential units that can be built |
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per acre of land; [or] |
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(5) the size, type, or method of construction of a |
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water or wastewater facility that can be constructed to serve a |
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developed tract of land if[: |
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[(A)] the facility meets the minimum standards |
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established for water or wastewater facilities by state and federal |
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regulatory entities; or |
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(6) minimum lot sizes, lot dimensions, lot frontages, |
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lot setbacks, or other components of lot density [and |
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[(B) the developed tract of land is: |
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[(i) located in a county with a population |
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of 2.8 million or more; and |
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[(ii) served by: |
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[(a) on-site septic systems |
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constructed before September 1, 2001, that fail to provide adequate |
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services; or |
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[(b) on-site water wells constructed |
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before September 1, 2001, that fail to provide an adequate supply of |
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safe drinking water]. |
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SECTION 2. Sections 232.101(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) By an order adopted and entered in the minutes of the |
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commissioners court and after a notice is published in a newspaper |
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of general circulation in the county, the commissioners court may |
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adopt rules governing plats and subdivisions of land within the |
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unincorporated area of the county as authorized in this subchapter |
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[to promote the health, safety, morals, or general welfare of the |
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county and the safe, orderly, and healthful development of the |
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unincorporated area of the county]. |
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(b) A [Unless otherwise authorized by state law, a] |
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commissioners court shall not regulate, either directly or |
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indirectly [under this section]: |
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(1) the use of any building or property for business, |
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industrial, residential, or other purposes; |
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(2) the bulk, height, or number of buildings |
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constructed on a particular tract of land; |
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(3) the size of a building that can be constructed on a |
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particular tract of land, including without limitation and |
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restriction on the ratio of building floor space to the land square |
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footage; |
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(4) the number of residential units that can be built |
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per acre of land; |
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(5) a plat or subdivision in an adjoining county; [or] |
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(6) road access to a plat or subdivision in an |
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adjoining county; or |
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(7) minimum lot sizes, lot dimensions, lot frontages, |
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lot setbacks, or other components of lot density. |
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SECTION 3. Section 212.003(a), Local Government Code, as |
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amended by this Act, and Sections 232.101(a) and (b), Local |
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Government Code, as amended by this Act, apply only to a plat filed |
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on or after the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |