By: Wentworth S.B. No. 1369 A BILL TO BE ENTITLED AN ACT 1-1 relating to the regulation of development by a municipality in 1-2 certain circumstances. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. This Act applies only to a home-rule municipality 1-5 that: 1-6 (1) has a charter provision allowing for 1-7 limited-purpose annexation; and 1-8 (2) has annexed territory for a limited purpose. 1-9 SECTION 2. In this Act: 1-10 (1) "Affected area" means an area that is: 1-11 (A) within a municipality or a municipality's 1-12 extraterritorial jurisdiction; 1-13 (B) within a county other than the county in 1-14 which a majority of the territory of the municipality is located; 1-15 (C) within the boundaries of one or more school 1-16 districts other than the school district in which a majority of the 1-17 territory of the municipality is located; and 1-18 (D) within the area of or within 1,500 feet of 1-19 the boundary of an assessment road district in which there are two 1-20 state highways. 1-21 (2) "Assessment road district" means a road district 1-22 that has issued refunding bonds and that has imposed assessments on 1-23 each parcel of land under Section 4.438A, County Road and Bridge 2-1 Act (Article 6702-1, Vernon's Texas Civil Statutes). 2-2 (3) "State highway" means a highway that is part of 2-3 the state highway system under Section 2, Chapter 186, General 2-4 Laws, Acts of the 39th Legislature, Regular Session, 1925 (Article 2-5 6674b, Vernon's Texas Civil Statutes). 2-6 SECTION 3. (a) A municipality may not deny, limit, delay, 2-7 or condition the use or development of land, any part of which is 2-8 within an affected area, because of: 2-9 (1) traffic or traffic operations that would result 2-10 from the proposed use or development of the land; or 2-11 (2) the effect that the proposed use or development of 2-12 the land would have on traffic or traffic operations. 2-13 (b) In this section, an action to deny, limit, delay, or 2-14 condition the use or development of land includes a decision or 2-15 action by the governing body of the municipality or a commission, 2-16 board, department, agency, office, or employee of the municipality 2-17 related to zoning, subdivision, site planning, the construction or 2-18 building permit process, or any other municipal process, approval, 2-19 or permit. 2-20 (c) This Act does not prevent a municipality from exercising 2-21 its authority to require the dedication of right-of-way. 2-22 SECTION 4. (a) A provision in any covenant or agreement 2-23 relating to land in an affected area made before, on, or after the 2-24 effective date of this Act that would have the effect of denying, 2-25 limiting, delaying, or conditioning the use or development of the 3-1 land because of its effect on traffic or traffic operations may not 3-2 be enforced by a municipality. 3-3 (b) This Act controls over any other law relating to 3-4 municipal regulation of land use or development based on traffic. 3-5 SECTION 5. The importance of this legislation and the 3-6 crowded condition of the calendars in both houses create an 3-7 emergency and an imperative public necessity that the 3-8 constitutional rule requiring bills to be read on three several 3-9 days in each house be suspended, and this rule is hereby suspended.