By Krusee                                             H.B. No. 3091
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the municipal regulation of development based on
    1-3  traffic within an area in a county other than the county in which
    1-4  the majority of the territory of the municipality is located.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  APPLICATION.  This Act applies to an area:
    1-7              (1)  within a municipality or its extra territorial
    1-8  jurisdiction;
    1-9              (2)  within a county other than the county in which the
   1-10  majority of the territory of the municipality is located;
   1-11              (3)  within a school district, or districts, other than
   1-12  the school district in which the majority of the territory of the
   1-13  municipality is located; and
   1-14              (4)  within the area of, and 1500 feet from the
   1-15  boundary of, a road district which has become an assessment
   1-16  district.
   1-17        SECTION 2.  REGULATION PROHIBITED.
   1-18              (1)  Within this area, the municipality cannot
   1-19  regulate, limit or delay land development in any way based on
   1-20  traffic.
   1-21              (2)  Regulate, limit or delay land development
   1-22  includes, but is not limited to, any municipal decisions or actions
   1-23  in any way connected with zoning, subdivision, site plan, building
    2-1  permits or any other city process approval or permit.
    2-2              (3)  "Traffic" means anything related to vehicular
    2-3  movement, including but not limited to:
    2-4                    (a)  existing volumes and projected future
    2-5  volumes,
    2-6                    (b)  level of service,
    2-7                    (c)  operations of existing and future
    2-8  intersections,
    2-9                    (d)  safety,
   2-10                    (e)  congestion and delay,
   2-11                    (f)  air quality and fuel consumption
   2-12                    (g)  Peak Hour Trips,
   2-13                    (h)  turning movements,
   2-14                    (i)  joint use driveways, and
   2-15                    (j)  highway capacity.
   2-16        SECTION 3.  ADDITIONAL PROVISIONS.  Any provision in any
   2-17  covenant or agreement with any owner of land in this area and the
   2-18  municipality now existing which would have the effect of
   2-19  regulating, limiting or delaying land development based on traffic
   2-20  shall be void and of no effect.
   2-21        SECTION 4.  EMERGENCY.  The importance of this legislation
   2-22  and the crowded condition on the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended,
    3-1  and that this act take effect and be in force from and after its
    3-2  passage, and it is so enacted.