1-1 By: Bailey (Senate Sponsor - Lindsay) H.B. No. 666
1-2 (In the Senate - Received from the House April 9, 2001;
1-3 April 9, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; April 19, 2001, reported favorably by
1-5 the following vote: Yeas 5, Nays 0; April 19, 2001, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to prohibiting municipal regulation of water and
1-10 wastewater facilities in the unincorporated area of certain
1-11 counties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 212.003(a), Local Government Code, is
1-14 amended to read as follows:
1-15 (a) The governing body of a municipality by ordinance may
1-16 extend to the extraterritorial jurisdiction of the municipality the
1-17 application of municipal ordinances adopted under Section 212.002
1-18 and other municipal ordinances relating to access to public roads.
1-19 However, unless otherwise authorized by state law, in its
1-20 extraterritorial jurisdiction a municipality shall not regulate:
1-21 (1) the use of any building or property for business,
1-22 industrial, residential, or other purposes;
1-23 (2) the bulk, height, or number of buildings
1-24 constructed on a particular tract of land;
1-25 (3) the size of a building that can be constructed on
1-26 a particular tract of land, including without limitation any
1-27 restriction on the ratio of building floor space to the land square
1-28 footage; [or]
1-29 (4) the number of residential units that can be built
1-30 per acre of land; or
1-31 (5) the size, type, or method of construction of a
1-32 water or wastewater facility that can be constructed to serve a
1-33 developed tract of land if:
1-34 (A) the facility meets the minimum standards
1-35 established for water or wastewater facilities by state and federal
1-36 regulatory entities; and
1-37 (B) the developed tract of land is:
1-38 (i) located in a county with a population
1-39 of 2.8 million or more; and
1-40 (ii) served by:
1-41 (a) on-site septic systems
1-42 constructed before September 1, 2001, that fail to provide adequate
1-43 services; or
1-44 (b) on-site water wells constructed
1-45 before September 1, 2001, that fail to provide an adequate supply
1-46 of safe drinking water.
1-47 SECTION 2. (a) This Act takes effect September 1, 2001.
1-48 (b) The change in law made by this Act applies only to:
1-49 (1) water and wastewater facilities under construction
1-50 on the effective date of this Act; and
1-51 (2) water and wastewater facilities for which
1-52 construction begins on or after the effective date of this Act.
1-53 * * * * *