79R7775 KCR-F
By: Armbrister S.B. No. 1362
A BILL TO BE ENTITLED
AN ACT
relating to certain land use restrictions by counties and
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 212.003(a), Local Government Code, is
amended to read as follows:
(a) The governing body of a municipality by ordinance may
extend to the extraterritorial jurisdiction of the municipality the
application of municipal ordinances adopted under Section 212.002
and other municipal ordinances relating to access to public roads
or the pumping, extraction, and use of groundwater by persons other
than retail public utilities, as defined by Section 13.002, Water
Code, for the purpose of preventing the use or contact with
groundwater that presents an actual or potential threat to human
health. However, notwithstanding any other [unless otherwise
authorized by] state law, in its extraterritorial jurisdiction a
municipality shall not regulate:
(1) the use of any building or property for business,
industrial, residential, or other purposes;
(2) the bulk, height, or number of buildings
constructed on a particular tract of land;
(3) the size of a building that can be constructed on a
particular tract of land, including without limitation any
restriction on the ratio of building floor space to the land square
footage;
(4) the density or number of lots or buildings,
including residential units, that can be built per acre of land;
[or]
(5) the size, type, or method of construction of a
water or wastewater facility that can be constructed to serve a
developed tract of land if:
(A) the facility meets the minimum standards
established for water or wastewater facilities by state and federal
regulatory entities; and
(B) the developed tract of land is:
(i) located in a county with a population of
2.8 million or more; and
(ii) served by:
(a) on-site septic systems
constructed before September 1, 2001, that fail to provide adequate
services; or
(b) on-site water wells constructed
before September 1, 2001, that fail to provide an adequate supply of
safe drinking water; or
(6) the amount of impervious cover that may be placed
or constructed on a particular tract of land.
SECTION 2. Section 232.101(b), Local Government Code, is
amended to read as follows:
(b) Notwithstanding any other [Unless otherwise authorized
by] state law, a commissioners court shall not regulate under this
section:
(1) the use of any building or property for business,
industrial, residential, or other purposes;
(2) the bulk, height, or number of buildings
constructed on a particular tract of land;
(3) the size of a building that can be constructed on a
particular tract of land, including without limitation and
restriction on the ratio of building floor space to the land square
footage; [or]
(4) the density or number of lots or buildings,
including residential units, that can be built per acre of land; or
(5) the amount of impervious cover that may be placed
or constructed on a particular tract of land.
SECTION 3. Section 401.002(c), Local Government Code, is
amended to read as follows:
(c) The authority granted by this section may be exercised
[inside the municipality's boundaries or inside the municipality's
extraterritorial jurisdiction or outside the municipality's
extraterritorial jurisdiction] only if required to meet other state
or federal requirements. [The authority granted by this section
for the protection of recharge, recharge areas, or recharge
features of groundwater aquifers may be exercised outside the
municipality's boundaries and within the extraterritorial
jurisdiction provided the municipality exercising such authority
has a population greater than 750,000 and the groundwater
constitutes more than 75 percent of the municipality's source of
water supply.]
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.