BILL ANALYSIS



C.S.H.B. 2480
By: Turner, Bob
April 30, 1995
Committee Report (Substituted)


BACKGROUND

State law prohibits cities from zoning property outside the city
limits in the areas of extraterritorial jurisdiction (ETJ). 
Section 212.003, Local Government Code, provides that a
municipality may not regulate the use of property or the bulk or
number of buildings in its ETJ, unless authorized to do so by other
state law.  Section 26.177, Water Code, authorizes cities to extend
the application of their water quality regulations to their
respective ETJ areas.  The purpose of this section is to enable
cities to protect their water supply.  

Currently, cities can circumvent the Section 212.003 provision
prohibiting zoning in the ETJ by using their powers under the
Section 26.177 to regulate land uses.  A city can prescribe
"impervious cover" limitations in its water quality regulations
which are then extended to its ETJ areas.  By restricting the
amount of land that can be covered by buildings and other
improvements in the name of water quality, cities can regulate the
use of land without calling it zoning, even though many persons are
of the opinion that such actions constitute zoning within the ETJ.

PURPOSE

The purpose of this legislation is to explicitly prohibit cities
from regulating land uses outside their corporate boundaries.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1  Amends Subchapter Z, Chapter 42, Local Government Code,
           by adding Section 42.905 to provide that a municipality
           shall not zone or otherwise regulate the use of land
           located in its extraterritorial jurisdiction.

SECTION 2  Amends Section 43.121, Local Government Code, by adding
           Subsection (d), which provides that the authority
           granted in this section is not affected by the
           prohibitions imposed by Section 42.905 or 212.003.

SECTION 3  Amends Section 212.003(a), Local Government Code, by
           deleting the phrase "unless otherwise authorized by
           state law," and by providing that a municipality shall
           not "under any circumstances" regulate certain land uses
           in its area of extraterritorial jurisdiction.  Also
           clarifies that a municipality is subject to the
           prohibition imposed by Section 42.905.

SECTION 4  Adds Subsection (d) to Section 241.013, Local Government
           Code, to provide that the authority granted in this
           section is not affected by the prohibitions imposed by
           Section 42.905 or 212.003.

SECTION 5  Amends Section 402.045(e), Local Government Code, to
           make conforming changes.

SECTION 6  Emergency clause.  Effective upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute is a legislative council draft of the original bill,
and therefore, the substitute contains some nonsubstantive,
technical changes in the language of the bill.  SECTIONS 2, 4 and
5 of the substitute make conforming changes to other areas of the
Local Government Code that were not included in the original bill. 
SECTION 1 of the substitute makes the same substantive change as
SECTION 1 of the original bill, but it amends a different section
of the Local Government Code.  

SUMMARY OF COMMITTEE ACTION

H.B. 2480 was considered by the committee in a public hearing on
April 18, 1995.  

The following persons testified in favor of the bill:

           James Woodman, representing himself; and 
           Alston Boyd, representing himself and Bull Creek 1000
Joint Venture.

The following person testified against the bill:

           Frank Turner, representing himself, the Texas Municipal
           League, and the City Planners Association of Texas.

The following person testified neutrally on the bill:

           Danielle Milam, representing the San Antonio Water
System.

The bill was left pending.

H.B. 2480 was considered by the committee in a formal meeting on
April 24, 1995.

The committee considered a complete substitute for the bill.  The
substitute was adopted without objection.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
8 ayes, 0 nays, 0 pnv, 1 absent.

In a public hearing on April 25, 1995, the vote by which H.B. 2480
was reported favorably as substituted was reconsidered by the
committee without objection.

The vote by which the substitute for H.B. 2480 was adopted was
reconsidered without objection.

The substitute was withdrawn without objection.

The committee considered a complete substitute for the bill.  The
substitute was adopted without objection.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 0 pnv, 2 absent.