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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, Local Government Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) Notwithstanding any other law, a municipality may not |
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enforce in its extraterritorial jurisdiction a municipal |
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ordinance, regulation, or other measure that imposes cut and fill |
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depth requirements or other water quality regulations on a project |
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that are more stringent than the applicable minimum state and |
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federal water quality requirements unless the project is located in |
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an area that is an aquifer recharge or contributing zone, or in the |
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drainage basin of a river designated by the Texas Commission on |
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Environmental Quality as having high or |
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exceptional aquatic life |
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use in the Texas Surface Water Quality Standards. |
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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. |