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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of certain municipal ordinances in |
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the municipality's extraterritorial jurisdiction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 212.003(a), Local Government Code, is |
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amended to read as follows: |
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(a) The governing body of a municipality by ordinance may |
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extend to the extraterritorial jurisdiction of the municipality the |
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application of municipal ordinances adopted under Section 212.002 |
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and other municipal ordinances relating to access to public roads |
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or the pumping, extraction, and use of groundwater by persons other |
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than retail public utilities, as defined by Section 13.002, Water |
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Code, for the purpose of preventing the use of or contact with |
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groundwater that presents an actual or potential threat to human |
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health. However, unless [otherwise authorized by] state law |
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explicitly authorizes the extension of a specific municipal |
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ordinance into the extraterritorial jurisdiction, in its |
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extraterritorial jurisdiction a municipality shall not regulate: |
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(1) the use of any building or property for business, |
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industrial, residential, or other purposes; |
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(2) the bulk, height, or number of buildings |
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constructed on a particular tract of land; |
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(3) the size of a building that can be constructed on a |
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particular tract of land, including without limitation any |
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restriction on the ratio of building floor space to the land square |
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footage; |
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(4) the number of residential units that can be built |
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per acre of land; or |
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(5) the size, type, or method of construction of a |
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water or wastewater facility that can be constructed to serve a |
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developed tract of land if: |
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(A) the facility meets the minimum standards |
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established for water or wastewater facilities by state and federal |
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regulatory entities; and |
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(B) the developed tract of land is: |
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(i) located in a county with a population of |
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2.8 million or more; and |
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(ii) served by: |
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(a) on-site septic systems |
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constructed before September 1, 2001, that fail to provide adequate |
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services; or |
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(b) on-site water wells constructed |
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before September 1, 2001, that fail to provide an adequate supply of |
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safe drinking water. |
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SECTION 2. 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, 2019. |