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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of municipalities to adopt zoning |
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regulations for impervious cover and floor to area ratio on lots. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 211.003, Local Government Code, is |
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amended by amending Subsections (a) and (c) and adding Subsection |
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(d) to read as follows: |
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(a) The governing body of a municipality may regulate: |
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(1) the height, number of stories, and size of |
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buildings and other structures; |
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(2) the percentage of a lot that may be occupied; |
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(3) the size of yards, courts, and other open spaces; |
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(4) population density; |
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(5) the location and use of buildings, other |
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structures, and land for business, industrial, residential, or |
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other purposes; [and] |
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(6) the pumping, extraction, and use of groundwater by |
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persons other than retail public utilities, as defined by Section |
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13.002, Water Code, for the purpose of preventing the use or contact |
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with groundwater that presents an actual or potential threat to |
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human health; |
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(7) the amount of impervious cover allowed on a lot; |
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and |
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(8) the limits on the floor to area ratio of the lot. |
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(c) Except as provided by Subsection (d), the [The] |
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governing body of a home-rule municipality may also regulate the |
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bulk of buildings. |
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(d) In the case of residential construction, the governing |
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body of a municipality may use only one of the regulations described |
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by Subsections (a)(2), (7), and (8). |
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SECTION 2. The changes in law made by this Act to Section |
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211.003, Local Government Code, apply to any zoning regulation |
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adopted on or after January 1, 2006. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |