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.