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                                  * * * * *