| 1 | 1 | | 82R6416 TJB-F |
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| 2 | 2 | | By: Hopson, Simpson, Orr, Creighton, et al. H.B. No. 1388 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prohibition of certain regulations by a |
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| 8 | 8 | | municipality in its extraterritorial jurisdiction involving trees |
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| 9 | 9 | | and vegetation. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 212.003(a), Local Government Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (a) The governing body of a municipality by ordinance may |
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| 14 | 14 | | extend to the extraterritorial jurisdiction of the municipality the |
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| 15 | 15 | | application of municipal ordinances adopted under Section 212.002 |
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| 16 | 16 | | and other municipal ordinances relating to access to public roads |
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| 17 | 17 | | or the pumping, extraction, and use of groundwater by persons other |
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| 18 | 18 | | than retail public utilities, as defined by Section 13.002, Water |
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| 19 | 19 | | Code, for the purpose of preventing the use or contact with |
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| 20 | 20 | | groundwater that presents an actual or potential threat to human |
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| 21 | 21 | | health. However, unless otherwise authorized by state law, in its |
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| 22 | 22 | | extraterritorial jurisdiction a municipality shall not regulate: |
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| 23 | 23 | | (1) the use of any building or property for business, |
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| 24 | 24 | | industrial, residential, or other purposes; |
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| 25 | 25 | | (2) the bulk, height, or number of buildings |
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| 26 | 26 | | constructed on a particular tract of land; |
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| 27 | 27 | | (3) the size of a building that can be constructed on a |
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| 28 | 28 | | particular tract of land, including without limitation any |
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| 29 | 29 | | restriction on the ratio of building floor space to the land square |
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| 30 | 30 | | footage; |
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| 31 | 31 | | (4) the number of residential units that can be built |
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| 32 | 32 | | per acre of land; [or] |
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| 33 | 33 | | (5) the size, type, or method of construction of a |
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| 34 | 34 | | water or wastewater facility that can be constructed to serve a |
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| 35 | 35 | | developed tract of land if: |
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| 36 | 36 | | (A) the facility meets the minimum standards |
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| 37 | 37 | | established for water or wastewater facilities by state and federal |
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| 38 | 38 | | regulatory entities; and |
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| 39 | 39 | | (B) the developed tract of land is: |
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| 40 | 40 | | (i) located in a county with a population of |
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| 41 | 41 | | 2.8 million or more; and |
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| 42 | 42 | | (ii) served by: |
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| 43 | 43 | | (a) on-site septic systems |
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| 44 | 44 | | constructed before September 1, 2001, that fail to provide adequate |
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| 45 | 45 | | services; or |
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| 46 | 46 | | (b) on-site water wells constructed |
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| 47 | 47 | | before September 1, 2001, that fail to provide an adequate supply of |
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| 48 | 48 | | safe drinking water; or |
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| 49 | 49 | | (6) the planting, clearing, or harvesting of trees or |
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| 50 | 50 | | vegetation or other uses of trees or vegetation on a particular |
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| 51 | 51 | | tract of land. |
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| 52 | 52 | | SECTION 2. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2011. |
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