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.