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.