By: Wentworth S.B. No. 1369 A BILL TO BE ENTITLED AN ACT 1-1 relating to the municipal regulation of development based on 1-2 traffic within an area in a county other than the county in which 1-3 the majority of the territory of the municipality is located. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. APPLICATION. This Act applies to an area: 1-6 (1) within a municipality or its extra territorial 1-7 jurisdiction; 1-8 (2) within a county other than the county in which the 1-9 majority of the territory of the municipality is located; 1-10 (3) within a school district, or districts, other than 1-11 the school district in which the majority of the territory of the 1-12 municipality is located; and 1-13 (4) within the area of, and 1500 feet from the 1-14 boundary of, a road district which has become an assessment 1-15 district. 1-16 SECTION 2. REGULATION PROHIBITED. 1-17 (1) Within this area, the municipality cannot 1-18 regulate, limit or delay land development in any way based on 1-19 traffic. 1-20 (2) Regulate, limit or delay land development 1-21 includes, but is not limited to, any municipal decisions or actions 1-22 in any way connected with zoning, subdivision, site plan, building 1-23 permits or any other city process approval or permit. 2-1 (3) "Traffic" means anything related to vehicular 2-2 movement, including but not limited to: 2-3 (a) existing volumes and projected future volumes, 2-4 (b) level of service, 2-5 (c) operations of existing and future intersections, 2-6 (d) safety, 2-7 (e) congestion and delay, 2-8 (f) air quality and fuel consumption 2-9 (g) Peak Hour Trips, 2-10 (h) turning movements, 2-11 (i) joint use driveways, and 2-12 (j) highway capacity. 2-13 SECTION 3. ADDITIONAL PROVISIONS. Any provision in any 2-14 covenant or agreement with any owner of land in this area and the 2-15 municipality now existing which would have the effect of 2-16 regulating, limiting or delaying land development based on traffic 2-17 shall be void and of no effect. 2-18 SECTION 4. EMERGENCY. The importance of this legislation 2-19 and the crowded condition of the calendars in both houses create an 2-20 emergency and an imperative public necessity that the 2-21 constitutional rule requiring bills to be read on three several 2-22 days in each house be suspended, and this rule is hereby suspended, 2-23 and that this Act take effect and be in force from and after its 2-24 passage, and it is so enacted.