By: Nichols  S.B. No. 732
         (In the Senate - Filed February 16, 2011;
  February 23, 2011, read first time and referred to Committee on
  Intergovernmental Relations; April 4, 2011, reported favorably by
  the following vote:  Yeas 3, Nays 1; April 4, 2011, sent to
  relating to the prohibition of certain regulations by a
  municipality in its extraterritorial jurisdiction involving trees
  and vegetation.
         SECTION 1.  Subsection (a), Section 212.003, 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, 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
               (4)  the number of 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 planting, clearing, or harvesting of trees or
  vegetation or other uses of trees or vegetation on a particular
  tract of land.
         SECTION 2.  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, 2011.
  * * * * *