| 12 | | - | SECTION 1. Section 212.003, Local Government Code, is |
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| 13 | | - | amended by adding Subsection (d) to read as follows: |
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| 14 | | - | (d) For a municipality wholly or partly located in a county |
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| 15 | | - | with a population of more than 500,000, a municipal ordinance is |
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| 16 | | - | considered otherwise authorized by state law to be extended into |
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| 17 | | - | the municipality's extraterritorial jurisdiction under Subsection |
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| 18 | | - | (a) only if state law explicitly authorizes the specific municipal |
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| 19 | | - | ordinance to be extended. |
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| 10 | + | SECTION 1. Section 212.003(a), Local Government Code, is |
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| 11 | + | amended to read as follows: |
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| 12 | + | (a) The governing body of a municipality by ordinance may |
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| 13 | + | extend to the extraterritorial jurisdiction of the municipality the |
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| 14 | + | application of municipal ordinances adopted under Section 212.002 |
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| 15 | + | and other municipal ordinances relating to access to public roads |
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| 16 | + | or the pumping, extraction, and use of groundwater by persons other |
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| 17 | + | than retail public utilities, as defined by Section 13.002, Water |
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| 18 | + | Code, for the purpose of preventing the use of or contact with |
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| 19 | + | groundwater that presents an actual or potential threat to human |
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| 20 | + | health. However, unless [otherwise authorized by] state law |
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| 21 | + | explicitly authorizes the extension of a specific municipal |
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| 22 | + | ordinance into the extraterritorial jurisdiction, in its |
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| 23 | + | extraterritorial jurisdiction a municipality shall not regulate: |
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| 24 | + | (1) the use of any building or property for business, |
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| 25 | + | industrial, residential, or other purposes; |
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| 26 | + | (2) the bulk, height, or number of buildings |
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| 27 | + | constructed on a particular tract of land; |
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| 28 | + | (3) the size of a building that can be constructed on a |
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| 29 | + | particular tract of land, including without limitation any |
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| 30 | + | restriction on the ratio of building floor space to the land square |
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| 31 | + | footage; |
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| 32 | + | (4) the number of residential units that can be built |
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| 33 | + | per acre of land; or |
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| 34 | + | (5) the size, type, or method of construction of a |
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| 35 | + | water or wastewater facility that can be constructed to serve a |
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| 36 | + | developed tract of land if: |
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| 37 | + | (A) the facility meets the minimum standards |
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| 38 | + | established for water or wastewater facilities by state and federal |
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| 39 | + | regulatory entities; and |
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| 40 | + | (B) the developed tract of land is: |
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| 41 | + | (i) located in a county with a population of |
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| 42 | + | 2.8 million or more; and |
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| 43 | + | (ii) served by: |
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| 44 | + | (a) on-site septic systems |
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| 45 | + | constructed before September 1, 2001, that fail to provide adequate |
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| 46 | + | services; or |
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| 47 | + | (b) on-site water wells constructed |
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| 48 | + | before September 1, 2001, that fail to provide an adequate supply of |
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| 49 | + | safe drinking water. |
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