1-1 By: Wentworth S.B. No. 1369
1-2 (In the Senate - Filed March 13, 1995; March 20, 1995, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; March 23, 1995, rereferred to Committee on State
1-5 Affairs; April 11, 1995, reported adversely, with favorable
1-6 Committee Substitute by the following vote: Yeas 13, Nays 0;
1-7 April 11, 1995, sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR S.B. No. 1369 By: Wentworth
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the regulation of development by a municipality in
1-12 certain circumstances.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. This Act applies only to a home-rule municipality
1-15 that:
1-16 (1) has a charter provision allowing for
1-17 limited-purpose annexation; and
1-18 (2) has annexed territory for a limited purpose.
1-19 SECTION 2. In this Act:
1-20 (1) "Affected area" means an area that is:
1-21 (A) within a municipality or a municipality's
1-22 extraterritorial jurisdiction;
1-23 (B) within a county other than the county in
1-24 which a majority of the territory of the municipality is located;
1-25 (C) within the boundaries of one or more school
1-26 districts other than the school district in which a majority of the
1-27 territory of the municipality is located; and
1-28 (D) within the area of or within 1,500 feet of
1-29 the boundary of an assessment road district in which there are two
1-30 state highways.
1-31 (2) "Assessment road district" means a road district
1-32 that has issued refunding bonds and that has imposed assessments on
1-33 each parcel of land under Section 4.438A, County Road and Bridge
1-34 Act (Article 6702-1, Vernon's Texas Civil Statutes).
1-35 (3) "State highway" means a highway that is part of
1-36 the state highway system under Section 2, Chapter 186, General
1-37 Laws, Acts of the 39th Legislature, Regular Session, 1925 (Article
1-38 6674b, Vernon's Texas Civil Statutes).
1-39 SECTION 3. (a) A municipality may not deny, limit, delay,
1-40 or condition the use or development of land, any part of which is
1-41 within an affected area, because of:
1-42 (1) traffic or traffic operations that would result
1-43 from the proposed use or development of the land; or
1-44 (2) the effect that the proposed use or development of
1-45 the land would have on traffic or traffic operations.
1-46 (b) In this section, an action to deny, limit, delay, or
1-47 condition the use or development of land includes a decision or
1-48 action by the governing body of the municipality or a commission,
1-49 board, department, agency, office, or employee of the municipality
1-50 related to zoning, subdivision, site planning, the construction or
1-51 building permit process, or any other municipal process, approval,
1-52 or permit.
1-53 (c) This Act does not prevent a municipality from exercising
1-54 its authority to require the dedication of right-of-way.
1-55 SECTION 4. (a) A provision in any covenant or agreement
1-56 relating to land in an affected area made before, on, or after the
1-57 effective date of this Act that would have the effect of denying,
1-58 limiting, delaying, or conditioning the use or development of the
1-59 land because of its effect on traffic or traffic operations may not
1-60 be enforced by a municipality.
1-61 (b) This Act controls over any other law relating to
1-62 municipal regulation of land use or development based on traffic.
1-63 SECTION 5. The importance of this legislation and the
1-64 crowded condition of the calendars in both houses create an
1-65 emergency and an imperative public necessity that the
1-66 constitutional rule requiring bills to be read on three several
1-67 days in each house be suspended, and this rule is hereby suspended.
1-68 * * * * *