By Turner of Coleman                                  H.B. No. 2480
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to prohibiting municipalities from regulating land uses
    1-3  outside their corporate limits.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 212, Local Government Code,
    1-6  is amended by adding Section 212.0035 to read as follows:
    1-7        Sec. 212.0035.  A municipality shall not zone property or
    1-8  otherwise regulate the use of land located in its area of
    1-9  extraterritorial jurisdiction, outside the corporate limits of the
   1-10  municipality.
   1-11        SECTION 2.  Section 212.003, Local Government Code, is
   1-12  amended to read as follows:
   1-13        Sec. 212.003.  Extension of Rules to Extraterritorial
   1-14  Jurisdiction.  (a)  The governing body of a municipality by
   1-15  ordinance may extend to the extraterritorial jurisdiction of the
   1-16  municipality the application of municipal ordinances adopted under
   1-17  Section 212.002 and other municipal ordinances relating to access
   1-18  to public roads.  However, <unless otherwise authorized by state
   1-19  law,> in its extraterritorial jurisdiction a municipality shall not
   1-20  under any circumstances regulate:
   1-21              (1)  the use of any building or property for business,
   1-22  industrial, residential, or other purposes;
   1-23              (2)  the bulk, height, or number of buildings
    2-1  constructed on a particular tract of land;
    2-2              (3)  the size of a building that can be constructed on
    2-3  a particular tract of land, including without limitation any
    2-4  restriction on the ratio of building floor space to the land square
    2-5  footage; or
    2-6              (4)  the number of residential units that can be built
    2-7  per acre of land.
    2-8        (b)  A fine or criminal penalty prescribed by the ordinance
    2-9  does not apply to a violation in the extraterritorial jurisdiction.
   2-10        (c)  The municipality is entitled to appropriate injunctive
   2-11  relief in district court to enjoin a violation of municipal
   2-12  ordinances or codes applicable in the extraterritorial
   2-13  jurisdiction.
   2-14        SECTION 3.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency and an imperative public necessity that the
   2-17  constitutional rule requiring bills to be read on three several
   2-18  days in each house be suspended, and this rule is hereby suspended,
   2-19  and that this Act take effect and be in force from and after its
   2-20  passage, and it is so enacted.