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.