89R5338 JBD-D

By: Bettencourt S.B. No. 1509

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a municipality to regulate within its extraterritorial jurisdiction.

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

ARTICLE 1. MUNICIPAL REGULATION IN EXTRATERRITORIAL JURISDICTION

PROHIBITED

SECTION 1.01. Subchapter A, Chapter 51, Local Government Code, is amended by adding Section 51.004 to read as follows:

Sec. 51.004. AUTHORITY TO REGULATE IN EXTRATERRITORIAL JURISDICTION. (a) Notwithstanding any other law and except as provided by Subsection (b), a municipality may not adopt or enforce an ordinance, rule, or other measure that regulates the municipality's extraterritorial jurisdiction.

(b) This section may not be construed to prohibit a municipality from providing municipal services to a resident of the municipality's extraterritorial jurisdiction on agreement between the municipality and resident.

ARTICLE 2. REGULATORY CONFORMING AMENDMENTS

SECTION 2.01. Section 42.044(b), Local Government Code, is amended to read as follows:

(b) The governing body of a municipality may designate any part of its extraterritorial jurisdiction as an industrial district [and may treat the designated area in a manner considered by the governing body to be in the best interests of the municipality].

SECTION 2.02. Section 43.063(e), Local Government Code, is amended to read as follows:

(e) This subsection applies only to a home-rule municipality. If applicable, the notice for each hearing must include:

(1) a statement that the completed annexation of the area will expand the municipality's extraterritorial jurisdiction;

(2) a description of the area that would be newly included in the municipality's extraterritorial jurisdiction; and

(3) a statement of the purpose of extraterritorial jurisdiction designation as provided by Section 42.001[; and

[(4) a brief description of each municipal ordinance that would be applicable, as authorized by Section 212.003, in the area that would be newly included in the municipality's extraterritorial jurisdiction].

SECTION 2.03. Section 212.004(a), Local Government Code, is amended to read as follows:

(a) The owner of a tract of land located within the limits [or in the extraterritorial jurisdiction] of a municipality who divides the tract in two or more parts to lay out a subdivision of the tract, including an addition to a municipality, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended by the owner of the tract to be dedicated to public use must have a plat of the subdivision prepared. A division of a tract under this subsection includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. A division of land under this subsection does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated.

SECTION 2.04. Section 212.010(a), Local Government Code, is amended to read as follows:

(a) The municipal authority responsible for approving plats shall approve a plat if:

(1) it conforms to the general plan of the municipality and its current and future streets, alleys, parks, playgrounds, and public utility facilities;

(2) it conforms to the general plan for the extension of the municipality and its roads, streets, and public highways within the municipality [and in its extraterritorial jurisdiction], taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities;

(3) a bond required under Section 212.0106, if applicable, is filed with the municipality; and

(4) it conforms to any rules adopted under Section 212.002.

SECTION 2.05. Section 212.0115(a), Local Government Code, is amended to read as follows:

(a) For the purposes of this section, land is considered to be within the jurisdiction of a municipality if the land is located within the limits [or in the extraterritorial jurisdiction] of the municipality.

SECTION 2.06. Section 212.0146(a), Local Government Code, is amended to read as follows:

(a) This section applies only to a replat of a subdivision or a part of a subdivision located in a municipality [or the extraterritorial jurisdiction of a municipality] with a population of 1.4 million or more.

SECTION 2.07. Section 212.015(b), Local Government Code, is amended to read as follows:

(b) Notice of the hearing required under Subsection (a-1) shall be given before the 15th day before the date of the hearing by:

(1) publication in an official newspaper or a newspaper of general circulation in the county in which the municipality is located; and

(2) [by] written notice, with a copy of Subsection (c) attached, forwarded by the municipal authority responsible for approving plats to the owners of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll [or in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll of the property upon which the replat is requested]. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the municipality.

SECTION 2.08. Section 212.0155(a), Local Government Code, is amended to read as follows:

(a) This section applies to land located wholly or partly:

(1) in the corporate boundaries of a municipality if the municipality:

(A) has a population of more than 50,000; and

(B) is located wholly or partly in:

(i) a county with a population of more than three million;

(ii) a county with a population of more than 400,000 that is adjacent to a county with a population of more than three million; or

(iii) a county with a population of more than 1.4 million:

(a) in which two or more municipalities with a population of 300,000 or more are primarily located; and

(b) that is adjacent to a county with a population of more than two million; or

(2) in the corporate boundaries [or extraterritorial jurisdiction] of a municipality with a population of 1.9 million or more.

SECTION 2.09. Section 212.044, Local Government Code, is amended to read as follows:

Sec. 212.044. PLANS, RULES, AND ORDINANCES. After a public hearing on the matter, the municipality may adopt general plans, rules, or ordinances governing development plats of land within the limits [and in the extraterritorial jurisdiction] of the municipality to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality.

SECTION 2.10. Section 212.045(a), Local Government Code, is amended to read as follows:

(a) Any person who proposes the development of a tract of land located within the limits [or in the extraterritorial jurisdiction] of the municipality must have a development plat of the tract prepared in accordance with this subchapter and the applicable plans, rules, or ordinances of the municipality.

SECTION 2.11. Section 212.047, Local Government Code, is amended to read as follows:

Sec. 212.047. APPROVAL OF DEVELOPMENT PLAT. The municipality shall endorse approval on a development plat filed with it if the plat conforms to:

(1) the general plans, rules, and ordinances of the municipality concerning its current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities;

(2) the general plans, rules, and ordinances for the extension of the municipality or the extension, improvement, or widening of its roads, streets, and public highways within the municipality [and in its extraterritorial jurisdiction], taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; and

(3) any general plans, rules, or ordinances adopted under Section 212.044.

SECTION 2.12. Section 212.102(1), Local Government Code, is amended to read as follows:

(1) "Affected area" means an area that is:

(A) in a municipality [or a municipality's extraterritorial jurisdiction];

(B) in a county other than the county in which a majority of the territory of the municipality is located;

(C) within the boundaries of one or more school districts other than the school district in which a majority of the territory of the municipality is located; and

(D) within the area of or within 1,500 feet of the boundary of an assessment road district in which there are two state highways.

SECTION 2.13. Section 214.904(a), Local Government Code, is amended to read as follows:

(a) This section applies only to a permit required by a municipality to erect or improve a building or other structure in the municipality [or its extraterritorial jurisdiction].

SECTION 2.14. Section 216.003(a), Local Government Code, is amended to read as follows:

(a) Subject to the requirements of this subchapter, a municipality may require the relocation, reconstruction, or removal of any sign within its corporate limits [or extraterritorial jurisdiction].

SECTION 2.15. Section 216.004(a), Local Government Code, is amended to read as follows:

(a) If a municipality requires the relocation, reconstruction, or removal of a sign within its corporate limits [or extraterritorial jurisdiction], the presiding officer of the governing body of the municipality shall appoint a municipal board on sign control. The board must be composed of:

(1) two real estate appraisers, each of whom must be a member in good standing of a nationally recognized professional appraiser society or trade organization that has an established code of ethics, educational program, and professional certification program;

(2) one person engaged in the sign business in the municipality;

(3) one employee of the Texas Department of Transportation who is familiar with real estate valuations in eminent domain proceedings; and

(4) one architect or landscape architect licensed by this state.

SECTION 2.16. Section 229.002, Local Government Code, is amended to read as follows:

Sec. 229.002. REGULATION OF DISCHARGE OF WEAPON. A municipality may not apply a regulation relating to the discharge of firearms or other weapons [in the extraterritorial jurisdiction of the municipality or] in an area annexed by the municipality after September 1, 1981, if the firearm or other weapon is:

(1) a shotgun, air rifle or pistol, BB gun, or bow and arrow discharged:

(A) on a tract of land of 10 acres or more and more than 150 feet from a residence or occupied building located on another property; and

(B) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or

(2) a center fire or rim fire rifle or pistol of any caliber discharged:

(A) on a tract of land of 50 acres or more and more than 300 feet from a residence or occupied building located on another property; and

(B) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract.

SECTION 2.17. Section 229.003(b), Local Government Code, is amended to read as follows:

(b) Notwithstanding Section 229.002, a municipality may not apply a regulation relating to the discharge of firearms or other weapons [in the extraterritorial jurisdiction of the municipality or] in an area annexed by the municipality after September 1, 1981, if the firearm or other weapon is:

(1) a shotgun, air rifle or pistol, BB gun, or bow and arrow discharged:

(A) on a tract of land of 10 acres or more and:

(i) more than 1,000 feet from:

(a) the property line of a public tract of land, generally accessible by the public, that is routinely used for organized sporting or recreational activities or that has permanent recreational facilities or equipment; and

(b) the property line of a school, hospital, or commercial day-care facility;

(ii) more than 600 feet from:

(a) the property line of a residential subdivision; and

(b) the property line of a multifamily residential complex; and

(iii) more than 150 feet from a residence or occupied building located on another property; and

(B) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract;

(2) a center fire or rim fire rifle or pistol of any caliber discharged:

(A) on a tract of land of 50 acres or more and:

(i) more than 1,000 feet from:

(a) the property line of a public tract of land, generally accessible by the public, that is routinely used for organized sporting or recreational activities or that has permanent recreational facilities or equipment; and

(b) the property line of a school, hospital, or commercial day-care facility;

(ii) more than 600 feet from:

(a) the property line of a residential subdivision; and

(b) the property line of a multifamily residential complex; and

(iii) more than 300 feet from a residence or occupied building located on another property; and

(B) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or

(3) discharged at a sport shooting range, as defined by Section 250.001, in a manner not reasonably expected to cause a projectile to cross the boundary of a tract of land.

SECTION 2.18. Section 229.004(b), Local Government Code, is amended to read as follows:

(b) Notwithstanding Section 229.002, a municipality may not apply a regulation relating to the discharge of firearms or other weapons [in the extraterritorial jurisdiction of the municipality or] in an area annexed by the municipality on or before September 1, 1981, if the firearm or other weapon is:

(1) a shotgun, air rifle or pistol, BB gun, or bow and arrow discharged:

(A) on a tract of land of 100 acres or more and more than 150 feet from a residence or occupied building located on another property; and

(B) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or

(2) a center fire or rim fire rifle or pistol of any caliber discharged:

(A) on a tract of land of 100 acres or more and more than 300 feet from a residence or occupied building located on another property; and

(B) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract.

SECTION 2.19. Section 232.006(b), Local Government Code, is amended to read as follows:

(b) If a county elects to operate under this section, Section 232.005 does not apply to the county. The sections of this chapter preceding Section 232.005 do apply to the county in the same manner that they apply to other counties except that:

(1) they apply only to tracts of land located outside municipalities [and the extraterritorial jurisdiction of municipalities, as determined under Chapter 42];

(2) the commissioners court of the county, instead of having the powers granted by Sections 232.003(2) and (3), may:

(A) require a right-of-way on a street or road that does not function as a main artery in the subdivision of not less than 40 feet or more than 50 feet; and

(B) require that the street cut on a main artery within the right-of-way be not less than 30 feet or more than 45 feet, and that the street cut on any other street or road within the right-of-way be not less than 25 feet or more than 35 feet; and

(3) Section 232.004(5)(B) does not apply to the county.

SECTION 2.20. Section 232.008(a), Local Government Code, is amended to read as follows:

(a) This section applies only to real property located outside municipalities [and the extraterritorial jurisdiction of municipalities, as determined under Chapter 42].

SECTION 2.21. Section 232.0085(a), Local Government Code, is amended to read as follows:

(a) This section applies only to real property that[:

[(1)] is located in the unincorporated area of an affected county, as defined by Section 16.341, Water Code, that:

(1) [(A)] has adopted the model rules developed under Section 16.343, Water Code; and

(2) [(B)] is located along an international border[; and

[(2) if the area is located in the extraterritorial jurisdiction of a municipality, is not subject to a written agreement under Section 242.001 that authorizes the municipality to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction].

SECTION 2.22. Section 232.009(a), Local Government Code, is amended to read as follows:

(a) This section applies only to real property located outside municipalities [and the extraterritorial jurisdiction of municipalities with a population of 1.5 million or more, as determined under Chapter 42].

SECTION 2.23. Section 232.0095(a), Local Government Code, is amended to read as follows:

(a) This section applies only to real property located outside municipalities [and outside the extraterritorial jurisdiction, as determined under Chapter 42, of municipalities with a population of 1.5 million or more].

SECTION 2.24. Section 232.022(c), Local Government Code, is amended to read as follows:

(c) For [Except as provided by Subsection (c-1), for] purposes of this section, land is considered to be in the jurisdiction of a county if the land is located in the county and outside the corporate limits of municipalities.

SECTION 2.25. Section 232.028(g), Local Government Code, is amended to read as follows:

(g) The commissioners court may impose a fee for a certificate issued under this section for a subdivision which is located in the county and not within the limits of a municipality. The amount of the fee is [may be the greater of] $30 [or the amount of the fee imposed by the municipality for a subdivision that is located entirely in the extraterritorial jurisdiction of the municipality for a certificate issued under Section 212.0115]. [A person who obtains a certificate under this section is not required to obtain a certificate under Section 212.0115.]

SECTION 2.26. Section 232.029(p), Local Government Code, is amended to read as follows:

(p) The commissioners court may impose a fee for a certificate issued under this section for a subdivision which is located in the county and not within the limits of a municipality. The amount of the fee is [may be the greater of] $30 [or the amount of the fee imposed by the municipality for a subdivision that is located entirely in the extraterritorial jurisdiction of the municipality for a certificate issued under Section 212.0115]. [A person who obtains a certificate under this section is not required to obtain a certificate under Section 212.0115.]

SECTION 2.27. Section 351.143(a), Local Government Code, is amended to read as follows:

(a) Before a jail facility is conveyed to a receiving county, the district may make changes in or additions to the facility if the board determines that the changes or additions are necessary to:

(1) comply with the requirements of that county and, if the facility is located within the jurisdiction of a municipality, comply with the requirements of the municipality in whose limits [or extraterritorial jurisdiction] the facility is located; or

(2) adjust to circumstances or requirements that did not exist at the time the original plans for the facility were approved by the board.

SECTION 2.28. Sections 372.003(a) and (d), Local Government Code, are amended to read as follows:

(a) If the governing body of a municipality or county finds that it promotes the interests of the municipality or county, the governing body may undertake an improvement project that confers a special benefit on a definable part of the municipality or county [or the municipality's extraterritorial jurisdiction]. The commissioners court of a county may undertake a project on a definable part of a municipality's extraterritorial jurisdiction that is located in the county. A project may be undertaken in the municipality or county or the municipality's extraterritorial jurisdiction.

(d) A county may establish a public improvement district unless within 30 days of a county's action to approve such a district, a home rule municipality objects to its establishment within the municipality's corporate limits [or extraterritorial jurisdiction].

SECTION 2.29. Sections 375.0922(a) and (b), Local Government Code, are amended to read as follows:

(a) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits [or extraterritorial jurisdiction] the road project is located.

(b) If a road project is not located in the corporate limits [or extraterritorial jurisdiction] of a municipality, the road project must meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located.

SECTION 2.30. Section 375.304(a), Local Government Code, is amended to read as follows:

(a) The governing body of a municipality by resolution or ordinance may create an authority in an area that is:

(1) in the same county as a military installation or facility that is:

(A) closed or realigned under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687 note) and its subsequent amendments; or

(B) a base efficiency project as defined by Section 379B.001; and

(2) in an area that has been annexed [or disannexed] for full or limited purposes under Subchapter F, Chapter 43, by a municipality with a population of at least 1.1 million [or is in the extraterritorial jurisdiction of a municipality with a population of at least 1.1 million and that has been annexed for limited purposes by the municipality under Subchapter F, Chapter 43].

SECTION 2.31. Section 377.002, Local Government Code, is amended to read as follows:

Sec. 377.002. SCOPE. [(a)] A municipality may create a district as provided in this chapter in[:

[(1)] all or part of the boundaries of the municipality[;

[(2) all or part of the boundaries of the municipality and all or part of the boundaries of the municipality's extraterritorial jurisdiction; or

[(3) all or part of the municipality's extraterritorial jurisdiction].

[(b) The municipality may include territory outside of the municipality only to the extent that territory is in the municipality's extraterritorial jurisdiction.]

SECTION 2.32. Section 377.021(g), Local Government Code, is amended to read as follows:

(g) In the order calling the election, the municipality may provide for the district boundaries to conform automatically to any changes in the boundaries of the portion of the municipality [or the municipality's extraterritorial jurisdiction] included in the district, and the election shall be held on one of the four uniform election dates under Section 41.001, Election Code.

SECTION 2.33. Section 377.051(d), Local Government Code, is amended to read as follows:

(d) To qualify to serve as a director, a person must reside in the municipality that created the district [or in that municipality's extraterritorial jurisdiction]. An employee, officer, or member of the governing body of the municipality may serve as a director, but may not have a personal interest in a contract executed by the district other than as an employee, officer, or member of the governing body of the municipality.

SECTION 2.34. Sections 377.072(c) and (d), Local Government Code, are amended to read as follows:

(c) Except as provided by Subsections (d) and (e), the district may use money in the development project fund only to:

(1) pay the costs of planning, acquiring, establishing, developing, constructing, or renovating one or more development projects located[:

[(A)] in the district; [or

[(B) outside the district, if:

[(i) the project is located in the extraterritorial jurisdiction of the municipality that created the district;

[(ii) the board determines that the development project will provide an economic benefit to the district; and

[(iii) the following entities, as applicable, by resolution approve the development project:

[(a) the municipality that created the district; and

[(b) each municipality in whose corporate limits or extraterritorial jurisdiction the project is located;]

(2) pay the principal of, interest on, and other costs relating to bonds or other obligations issued by the district or to refund bonds or other obligations; or

(3) pay the costs of operating or maintaining one or more development projects during the planning, acquisition, establishment, development, construction, or renovation or while bonds or other obligations for the planning, acquisition, establishment, development, construction, or renovation are outstanding.

(d) A district located in a county with a population of 3.3 million or more may use money in the development project fund only to:

(1) pay the costs of planning, acquiring, establishing, developing, constructing, or renovating one or more development projects beneficial to the district if the projects are in the district boundaries [or the extraterritorial jurisdiction] of the municipality where the district is located;

(2) pay the principal of, interest on, and other costs relating to bonds or other obligations issued by the district or to refund bonds or other obligations; or

(3) pay the costs of operating or maintaining one or more development projects during the planning, acquisition, establishment, development, construction, or renovation or while bonds or other obligations for the planning, acquisition, establishment, development, construction, or renovation are outstanding.

SECTION 2.35. Section 380.001(a), Local Government Code, is amended to read as follows:

(a) The governing body of a municipality may establish and provide for the administration of one or more programs, including programs for making loans and grants of public money and providing personnel and services of the municipality, to promote state or local economic development and to stimulate business and commercial activity in the municipality. For purposes of this subsection, a municipality includes an area that[:

[(1)] has been annexed by the municipality for limited purposes[; or

[(2) is in the extraterritorial jurisdiction of the municipality].

SECTION 2.36. Section 382.109(b), Local Government Code, is amended to read as follows:

(b) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each municipality in whose corporate limits [or extraterritorial jurisdiction] the district is located. If the district is located outside the corporate limits [extraterritorial jurisdiction] of a municipality, a road project must meet all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each county in which the district is located.

SECTION 2.37. Section 382.113(c), Local Government Code, is amended to read as follows:

(c) Before a district may adopt an order adding or excluding land, the district must obtain the consent of[:

[(1)] the county that created the district by a resolution of the county commissioners court[; and

[(2) a municipality in whose extraterritorial jurisdiction the district is located by a resolution adopted by the municipality's governing body].

SECTION 2.38. Section 395.001(9), Local Government Code, is amended to read as follows:

(9) "Service area" means the area within the corporate boundaries [or extraterritorial jurisdiction, as determined under Chapter 42,] of the political subdivision to be served by the capital improvements or facilities expansions specified in the capital improvements plan, except roadway facilities and storm water, drainage, and flood control facilities. The service area, for the purposes of this chapter, may include all or part of the land within the political subdivision [or its extraterritorial jurisdiction], except for roadway facilities and storm water, drainage, and flood control facilities. For roadway facilities, the service area is limited to an area within the corporate boundaries of the political subdivision and shall not exceed six miles. For storm water, drainage, and flood control facilities, the service area may include all or part of the land within the political subdivision [or its extraterritorial jurisdiction], but shall not exceed the area actually served by the storm water, drainage, and flood control facilities designated in the capital improvements plan and shall not extend across watershed boundaries.

SECTION 2.39. Section 395.011(b), Local Government Code, is amended to read as follows:

(b) Political subdivisions may enact or impose impact fees on land within their corporate boundaries [or extraterritorial jurisdictions] only by complying with this chapter[, except that impact fees may not be enacted or imposed in the extraterritorial jurisdiction for roadway facilities].

SECTION 2.40. Section 395.058(b), Local Government Code, is amended to read as follows:

(b) The advisory committee is composed of not less than five members who shall be appointed by a majority vote of the governing body of the political subdivision. Not less than 40 percent of the membership of the advisory committee must be representatives of the real estate, development, or building industries who are not employees or officials of a political subdivision or governmental entity. If the political subdivision has a planning and zoning commission, the commission may act as the advisory committee if the commission includes at least one representative of the real estate, development, or building industry who is not an employee or official of a political subdivision or governmental entity. If no such representative is a member of the planning and zoning commission, the commission may still act as the advisory committee if at least one such representative is appointed by the political subdivision as an ad hoc voting member of the planning and zoning commission when it acts as the advisory committee. [If the impact fee is to be applied in the extraterritorial jurisdiction of the political subdivision, the membership must include a representative from that area.]

SECTION 2.41. Section 397A.057, Local Government Code, is amended to read as follows:

Sec. 397A.057. COORDINATION WITH OTHER PLANS AND STUDIES. The compatible development standards and regulations adopted under this subchapter must be coordinated with:

(1) the county plan for growth and development of the participating county or a county located in the regional military sustainability commission's territory; and

(2) [the comprehensive plan of the participating municipality; and

[(3)] the most recent Joint Land Use Study, if the commission makes a finding that the conclusions of the study accurately reflect circumstances in the territory.

SECTION 2.42. Section 397A.107, Local Government Code, is amended to read as follows:

Sec. 397A.107. COORDINATION WITH OTHER PLANS AND STUDIES. The compatible development standards and regulations adopted under this subchapter must be coordinated with:

(1) the county plan for growth and development of the participating county or a county located in the regional military sustainability commission's territory; and

(2) [the comprehensive plan of the participating municipality; and

[(3)] the most recent Joint Land Use Study, if the commission makes a finding that the conclusions of the study accurately reflect circumstances in the territory.

SECTION 2.43. Section 507.103(b), Local Government Code, is amended to read as follows:

(b) Before exercising the power of eminent domain under this chapter, a spaceport development corporation must obtain a resolution approving the proposed condemnation from the governing body of a county or municipality in which the property is located. [For purposes of this chapter, territory in the extraterritorial jurisdiction of a municipality is considered to be in the jurisdiction of the municipality.]

SECTION 2.44. Section 551.006(a), Local Government Code, is amended to read as follows:

(a) A municipality with a population of 20,000 or more by ordinance shall require an installer of an irrigation system:

(1) to hold a license issued under Section 1903.251, Occupations Code; and

(2) to obtain a permit before installing a system within the territorial limits [or extraterritorial jurisdiction] of the municipality.

SECTION 2.45. Section 551.007, Local Government Code, is amended to read as follows:

Sec. 551.007. WATER CONSERVATION BY HOME-RULE MUNICIPALITY. A home-rule municipality may adopt and enforce ordinances requiring water conservation in the municipality [and by customers of the municipality's municipally owned water and sewer utility in the extraterritorial jurisdiction of the municipality].

SECTION 2.46. Section 552.044(8), Local Government Code, is amended to read as follows:

(8) "Service area" means the municipal boundaries and any other land areas outside the municipal boundaries which, as a result of topography or hydraulics, contribute overland flow into the watersheds served by the drainage system of a municipality; provided, however, that [in no event may] a service area may not extend farther than the municipal boundaries [of a municipality's current extraterritorial jurisdiction], and [nor], except as provided by Section 552.0451, [may] a service area of one municipality may not extend into the boundaries of another municipality. The service area is to be established in the ordinance establishing the drainage utility. [Provided, that no municipality shall extend a service area outside of its municipal boundaries except:

[(A) a municipality of more than 500,000 population located within 50 miles of an international border;

[(B) a municipality all or part of which is located over or within the Edwards Aquifer recharge zone or the Edwards Aquifer transition zone, as designated by the Texas Natural Resource Conservation Commission; or

[(C) as provided by Section 552.0451.]

SECTION 2.47. Section 552.045(e), Local Government Code, is amended to read as follows:

(e) The municipality by ordinance may adopt and enforce rules as it considers appropriate to operate the drainage utility system. [Provided, however, that the prohibitions contained in Section 212.003(a) of the Local Government Code relating to quasi-zoning and other land use regulations in the extraterritorial jurisdiction of a municipality shall apply to any rule or ordinance adopted or enacted by the municipality under this Act, except that rates may be established using impervious cover measurements relating to land use and building size.]

SECTION 2.48. Section 552.0451(a), Local Government Code, is amended to read as follows:

(a) A municipality with a population of more than 900,000 located in one or more counties with a population of less than 1.5 million as of the 1990 federal census may extend its service area[:

[(1)] into the boundaries of another municipality if:

(1) [(A)] before the extension water from the municipality to which the service area is to be extended regularly drains into the drainage system of the municipality extending its service area; and

(2) [(B)] the extension is provided for by an interlocal agreement between the municipalities[; or

[(2) beyond its municipal boundaries into an unincorporated area of its extraterritorial jurisdiction if:

[(A) before the extension water from the area to which the service area is to be extended regularly drains into the drainage system of the municipality extending its service area; and

[(B) the extension is provided for by an interlocal agreement between the municipality extending its service area and the county containing the area to which the service area is to be extended].

SECTION 2.49. Section 552.907(a), Local Government Code, is amended to read as follows:

(a) This section applies only to territory located in a municipality [or in the extraterritorial jurisdiction of a municipality] and located over the recharge zone of an aquifer that provides all or part of the water supply of the municipality.

ARTICLE 3. REPEALER CONFORMING AMENDMENTS

SECTION 3.01. Section 43.052(f-1), Local Government Code, is amended to read as follows:

(f-1) In addition to the notice provided under Subsection (f), a home-rule municipality, before the 90th day after the date the municipality adopts or amends an annexation plan under this section, shall give written notice as provided by this subsection to each property owner in any area that would be newly included in the municipality's extraterritorial jurisdiction as a result of the proposed annexation. For purposes of this subsection, a property owner is the owner as indicated by the appraisal records furnished by the appraisal district for each county in which the area that would be newly included in the municipality's extraterritorial jurisdiction is located. The notice must include:

(1) a description of the area that has been included in the municipality's annexation plan;

(2) a statement that the completed annexation of that area will expand the municipality's extraterritorial jurisdiction to include all or part of the property owner's property; and

(3) a statement of the purpose of extraterritorial jurisdiction designation as provided by Section 42.001[; and

[(4) a brief description of each municipal ordinance that would be applicable, as authorized by Section 212.003, in the area that would be newly included in the municipality's extraterritorial jurisdiction].

SECTION 3.02. Section 43.0561(e), Local Government Code, is amended to read as follows:

(e) This subsection applies only to a home-rule municipality. If applicable, the notice for each hearing must include:

(1) a statement that the completed annexation of the area will expand the municipality's extraterritorial jurisdiction;

(2) a description of the area that would be newly included in the municipality's extraterritorial jurisdiction; and

(3) a statement of the purpose of extraterritorial jurisdiction designation as provided by Section 42.001[; and

[(4) a brief description of each municipal ordinance that would be applicable, as authorized by Section 212.003, in the area that would be newly included in the municipality's extraterritorial jurisdiction].

SECTION 3.03. Section 43.063(e), Local Government Code, is amended to read as follows:

(e) This subsection applies only to a home-rule municipality. If applicable, the notice for each hearing must include:

(1) a statement that the completed annexation of the area will expand the municipality's extraterritorial jurisdiction;

(2) a description of the area that would be newly included in the municipality's extraterritorial jurisdiction; and

(3) a statement of the purpose of extraterritorial jurisdiction designation as provided by Section 42.001[; and

[(4) a brief description of each municipal ordinance that would be applicable, as authorized by Section 212.003, in the area that would be newly included in the municipality's extraterritorial jurisdiction].

SECTION 3.04. Section 212.0085, Local Government Code, is amended to read as follows:

Sec. 212.0085. APPROVAL PROCEDURE: APPLICABILITY. The approval procedures under this subchapter apply to a municipality regardless of whether the municipality has entered into an interlocal agreement[, including an interlocal agreement between a municipality and county under Section 242.001(d)].

SECTION 3.05. Section 212.904(a), Local Government Code, is amended to read as follows:

(a) If a municipality requires[, including under an agreement under Chapter 242,] as a condition of approval for a property development project that the developer bear a portion of the costs of municipal infrastructure improvements by the making of dedications, the payment of fees, or the payment of construction costs, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by a professional engineer who holds a license issued under Chapter 1001, Occupations Code, and is retained by the municipality. The municipality's determination shall be completed within thirty days following the submission of the developer's application for determination under this subsection.

SECTION 3.06. Section 216.015(a), Local Government Code, is amended to read as follows:

(a) The legislature declares that it would not have enacted the following without the inclusion of Section 216.010(a), to the extent that provision excludes methods of compensation not specifically authorized by that provision:

(1) this subchapter;

(2) [Section 216.902;

[(3)] Article 2, Chapter 221, Acts of the 69th Legislature, Regular Session, 1985 (codified as Chapter 394, Transportation Code); and

(3) [(4)] the amendments made to Section 3, Property Redevelopment and Tax Abatement Act (codified as Chapter 312, Tax Code) by Article 4, Chapter 221, Acts of the 69th Legislature, Regular Session, 1985.

SECTION 3.07. Section 232.0015(b), Local Government Code, is amended to read as follows:

(b) This [Except as provided by Section 232.0013, this] subchapter does not apply to a subdivision of land to which Subchapter B applies.

SECTION 3.08. Section 232.0023, Local Government Code, is amended to read as follows:

Sec. 232.0023. APPROVAL PROCEDURE: APPLICABILITY. The plat application approval procedures under this subchapter apply to a county regardless of whether the county has entered into an interlocal agreement[, including an interlocal agreement between a municipality and county under Section 242.001(d)].

SECTION 3.09. Section 232.110(a), Local Government Code, is amended to read as follows:

(a) If, under any authority expressly authorized by this chapter, a county requires, [including under an agreement under Chapter 242,] as a condition of approval for a property development project that the developer bear a portion of the costs of county infrastructure improvements by the making of dedications, the payment of fees, or the payment of construction costs, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by a professional engineer who holds a license issued under Chapter 1001, Occupations Code, and is retained by the county. The county's determination shall be completed within thirty days following the submission of the developer's application for determination under this subsection.

SECTION 3.10. Section 8230.005, Special District Local Laws Code, is amended to read as follows:

Sec. 8230.005. CERTAIN LAWS INAPPLICABLE TO CREATION OF DISTRICT. The district was created notwithstanding any provision of [Section 212.003, Local Government Code,] Chapter 42 or 43, Local Government Code, or Section 54.016, Water Code, and to the extent of the creation of the district only, those provisions shall have no application.

SECTION 3.11. Section 16.343(f), Water Code, is amended to read as follows:

(f) The model rules may impose a platting or replatting requirement pursuant to Subsection (b)(2), (c)(2), or (d). A [Except as may be required by an agreement developed under Chapter 242, Local Government Code, a] municipality that has adopted the model rules may impose the applicable platting requirements of Chapter 212, Local Government Code, and a county that has adopted the model rules may impose the applicable platting requirements of Chapter 232, Local Government Code, to real property that is required to be platted or replatted by the model rules under this section.

ARTICLE 4. REPEALER

SECTION 4.01. The following provisions of the Local Government Code are repealed:

(1) Section 42.904;

(2) Section 212.001(1);

(3) Section 212.0025;

(4) Section 212.003;

(5) Section 212.007;

(6) Sections 212.012(d), (e), and (f);

(7) Section 216.0035;

(8) Section 216.902;

(9) Section 232.0013;

(10) Section 232.022(c-1);

(11) Section 233.031(b);

(12) Section 233.153(c);

(13) Chapter 242;

(14) Section 352.119(a);

(15) Section 382.001(a)(4);

(16) Section 386.002;

(17) Section 395.011(c);

(18) Section 399.007(c);

(19) Section 551.004;

(20) Section 551.005(b); and

(21) Section 562.012(d).

SECTION 4.02. The following provisions are repealed:

(1) Article 4.11(c), Code of Criminal Procedure;

(2) Section 26.045(f), Government Code;

(3) Section 27.031(c), Government Code; and

(4) Section 394.062(b), Transportation Code.

ARTICLE 5. EFFECTIVE DATE

SECTION 5.01. This Act takes effect September 1, 2025.