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.