Texas 2011 - 82nd Regular

Texas Senate Bill SB732 Compare Versions

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1	1	By: Nichols S.B. No. 732
2	2	(In the Senate - Filed February 16, 2011;
3	3	February 23, 2011, read first time and referred to Committee on
4	4	Intergovernmental Relations; April 4, 2011, reported favorably by
5	5	the following vote: Yeas 3, Nays 1; April 4, 2011, sent to
6	6	printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the prohibition of certain regulations by a
12	12	municipality in its extraterritorial jurisdiction involving trees
13	13	and vegetation.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subsection (a), Section 212.003, Local
16	16	Government Code, is amended to read as follows:
17	17	(a) The governing body of a municipality by ordinance may
18	18	extend to the extraterritorial jurisdiction of the municipality the
19	19	application of municipal ordinances adopted under Section 212.002
20	20	and other municipal ordinances relating to access to public roads
21	21	or the pumping, extraction, and use of groundwater by persons other
22	22	than retail public utilities, as defined by Section 13.002, Water
23	23	Code, for the purpose of preventing the use or contact with
24	24	groundwater that presents an actual or potential threat to human
25	25	health. However, unless otherwise authorized by state law, in its
26	26	extraterritorial jurisdiction a municipality shall not regulate:
27	27	(1) the use of any building or property for business,
28	28	industrial, residential, or other purposes;
29	29	(2) the bulk, height, or number of buildings
30	30	constructed on a particular tract of land;
31	31	(3) the size of a building that can be constructed on a
32	32	particular tract of land, including without limitation any
33	33	restriction on the ratio of building floor space to the land square
34	34	footage;
35	35	(4) the number of residential units that can be built
36	36	per acre of land; [or]
37	37	(5) the size, type, or method of construction of a
38	38	water or wastewater facility that can be constructed to serve a
39	39	developed tract of land if:
40	40	(A) the facility meets the minimum standards
41	41	established for water or wastewater facilities by state and federal
42	42	regulatory entities; and
43	43	(B) the developed tract of land is:
44	44	(i) located in a county with a population of
45	45	2.8 million or more; and
46	46	(ii) served by:
47	47	(a) on-site septic systems
48	48	constructed before September 1, 2001, that fail to provide adequate
49	49	services; or
50	50	(b) on-site water wells constructed
51	51	before September 1, 2001, that fail to provide an adequate supply of
52	52	safe drinking water; or
53	53	(6) the planting, clearing, or harvesting of trees or
54	54	vegetation or other uses of trees or vegetation on a particular
55	55	tract of land.
56	56	SECTION 2. This Act takes effect immediately if it receives
57	57	a vote of two-thirds of all the members elected to each house, as
58	58	provided by Section 39, Article III, Texas Constitution. If this
59	59	Act does not receive the vote necessary for immediate effect, this
60	60	Act takes effect September 1, 2011.
61	61	* * * * *