SRC-JEC S.B. 829 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 829
77R3934 PAM-FBy: Lindsay
Intergovernmental Relations
3/23/2001
As Filed


DIGEST AND PURPOSE 

Currently, a municipality may not regulate the use of existing buildings or
aspects related to buildings on a tract of land within its extraterritorial
jurisdiction.  However, a municipality can regulate the construction of
water and wastewater facilities in the extraterritorial jurisdiction,
sometimes imposing antiquated standards effectively prohibiting the
correction of failing sewer or water systems.  As proposed, S.B. 829
prohibits a municipality from regulating the size, type, or method of
construction of water and wastewater facilities in its extraterritorial
jurisdiction to serve existing developed tracts in a county with a
population of 2.8 million or more. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 212.003(a), Local Government Code, to prohibit a
municipality, in its extraterritorial jurisdiction, from regulating the
size, type, or method of construction of a water or wastewater facility
that can be constructed to serve a developed tract of land that is:
located in a county with a population of 2.8 million or more; and serviced
by on-site septic systems that fail to provide adequate services or on-site
water wells that fail to provide an adequate supply of safe drinking water. 

SECTION 2.   Effective date: September 1, 2001.
Limits application of this Act to facilities under construction on the
effective date of this Act and for which construction begins on or after
the effective date of this Act.