By: Kuempel, Stickland H.B. No. 3750

(Senate Sponsor - Schwertner)

(In the Senate - Received from the House May 13, 2019; May 13, 2019, read first time and referred to Committee on Intergovernmental Relations; May 20, 2019, reported favorably by the following vote: Yeas 7, Nays 0; May 20, 2019, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to the applicability of certain municipal ordinances in the municipality's extraterritorial jurisdiction.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 212.003, Local Government Code, is amended by adding Subsection (d) to read as follows:

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

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, 2019.

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