By Bailey                                              H.B. No. 666
         77R3934 PAM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to prohibiting municipal regulation of water and
 1-3     wastewater facilities in the unincorporated area of certain
 1-4     counties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 212.003(a), Local Government Code, is
 1-7     amended to read as follows:
 1-8           (a)  The governing body of a municipality by ordinance may
 1-9     extend to the extraterritorial jurisdiction of the municipality the
1-10     application of municipal ordinances adopted under Section 212.002
1-11     and other municipal ordinances relating to access to public roads.
1-12     However, unless otherwise authorized by state law, in its
1-13     extraterritorial jurisdiction a municipality shall not regulate:
1-14                 (1)  the use of any building or property for business,
1-15     industrial, residential, or other purposes;
1-16                 (2)  the bulk, height, or number of buildings
1-17     constructed on a particular tract of land;
1-18                 (3)  the size of a building that can be constructed on
1-19     a particular tract of land, including without limitation any
1-20     restriction on the ratio of building floor space to the land square
1-21     footage; [or]
1-22                 (4)  the number of residential units that can be built
1-23     per acre of land; or
1-24                 (5)  the size, type, or method of construction of a
 2-1     water or wastewater facility that can be constructed to serve a
 2-2     developed tract of land that is:
 2-3                       (A)  located in a county with a population of 2.8
 2-4     million or more; and
 2-5                       (B)  served by:
 2-6                             (i)  on-site septic systems that fail to
 2-7     provide adequate services; or
 2-8                             (ii)  on-site water wells that fail to
 2-9     provide an adequate supply of safe drinking water.
2-10           SECTION 2. (a)  This Act takes effect September 1, 2001.
2-11           (b)  The change in law made by this Act applies only to:
2-12                 (1)  water and wastewater facilities under construction
2-13     on the effective date of this Act; and
2-14                 (2)  water and wastewater facilities for which
2-15     construction begins on or after the effective date of this Act.