By Turner of Coleman H.B. No. 2480
Substitute the following for H.B. No. 2480:
By Turner of Coleman C.S.H.B. No. 2480
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prohibition of land use regulation by a
1-3 municipality in its extraterritorial jurisdiction.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter Z, Chapter 42, Local Government Code,
1-6 is amended by adding Section 42.905 to read as follows:
1-7 Sec. 42.905. PROHIBITION OF MUNICIPAL ZONING IN
1-8 EXTRATERRITORIAL JURISDICTION. A municipality may not zone land or
1-9 otherwise regulate the use of land located in the extraterritorial
1-10 jurisdiction of the municipality. This prohibition is in addition
1-11 to the prohibitions imposed by Section 212.003.
1-12 SECTION 2. Section 43.121, Local Government Code, is amended
1-13 by adding Subsection (d) to read as follows:
1-14 (d) The authority granted by this section is not affected by
1-15 a prohibition imposed by Section 42.905 or 212.003.
1-16 SECTION 3. Section 212.003(a), Local Government Code, is
1-17 amended to read as follows:
1-18 (a) The governing body of a municipality by ordinance may
1-19 extend to the extraterritorial jurisdiction of the municipality the
1-20 application of municipal ordinances adopted under Section 212.002
1-21 and other municipal ordinances relating to access to public roads.
1-22 However, a municipality is subject to the prohibition imposed by
1-23 Section 42.905 and, in addition <unless otherwise authorized by
2-1 state law>, in its extraterritorial jurisdiction a municipality may
2-2 <shall> not regulate under any circumstances:
2-3 (1) the use of any building or property for business,
2-4 industrial, residential, or other purposes;
2-5 (2) the bulk, height, or number of buildings
2-6 constructed on a particular tract of land;
2-7 (3) the size of a building that can be constructed on
2-8 a particular tract of land, including without limitation any
2-9 restriction on the ratio of building floor space to the land square
2-10 footage; or
2-11 (4) the number of residential units that can be built
2-12 per acre of land.
2-13 SECTION 4. Section 241.013, Local Government Code, is
2-14 amended by adding Subsection (d) to read as follows:
2-15 (d) The authority granted by this section is not affected by
2-16 a prohibition imposed by Section 42.905 or 212.003.
2-17 SECTION 5. Section 402.045(e), Local Government Code, is
2-18 amended to read as follows:
2-19 (e) The municipality by ordinance may adopt and enforce
2-20 rules as it considers appropriate to operate the drainage utility
2-21 system. Provided, however, that the prohibitions contained in
2-22 Sections 42.905 and <Section> 212.003(a) <of the Local Government
2-23 Code> relating to zoning, quasi-zoning, and other land use
2-24 regulations in the extraterritorial jurisdiction of a municipality
2-25 shall apply to any rule or ordinance adopted or enacted by the
3-1 municipality under this Act, except that rates may be established
3-2 using impervious cover measurements relating to land use and
3-3 building size.
3-4 SECTION 6. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended,
3-9 and that this Act take effect and be in force from and after its
3-10 passage, and it is so enacted.