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.