| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 86R32218 SCL-D | |
| 2 | 1 | By: Campbell, et al. S.B. No. 422 | |
| 3 | - | (Bell of Montgomery) | |
| 4 | - | Substitute the following for S.B. No. 422: No. | |
| 5 | 2 | ||
| 6 | 3 | ||
| 7 | 4 | A BILL TO BE ENTITLED | |
| 8 | 5 | AN ACT | |
| 9 | 6 | relating to the authority of a municipality to impose a fine or fee | |
| 10 | 7 | in certain areas in the municipality's extraterritorial | |
| 11 | 8 | jurisdiction. | |
| 12 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 13 | 10 | SECTION 1. Subchapter Z, Chapter 42, Local Government Code, | |
| 14 | 11 | is amended by adding Section 42.9025 to read as follows: | |
| 15 | - | Sec. 42.9025. RESTRICTION ON IMPOSING | |
| 12 | + | Sec. 42.9025. RESTRICTION ON IMPOSING FEE OR FINE IN | |
| 16 | 13 | CERTAIN AREAS IN EXTRATERRITORIAL JURISDICTION. (a) This section | |
| 17 | - | applies only to an area | |
| 14 | + | applies only to an area located in a municipality's | |
| 18 | 15 | extraterritorial jurisdiction and: | |
| 19 | 16 | (1) that has been disannexed from the municipality | |
| 20 | 17 | under Subchapter G, Chapter 43; or | |
| 21 | 18 | (2) for which the municipality has attempted and | |
| 22 | 19 | failed to obtain consent for annexation under Subchapter C-4 or | |
| 23 | 20 | C-5, Chapter 43. | |
| 24 | 21 | (b) Notwithstanding any other law, a municipality may not | |
| 25 | 22 | impose under a municipal ordinance a fine or fee on a person on the | |
| 26 | 23 | basis of: | |
| 27 | 24 | (1) an activity that occurs wholly in an area | |
| 28 | 25 | described by Subsection (a); or | |
| 29 | 26 | (2) the management or ownership of property located | |
| 30 | 27 | wholly in an area described by Subsection (a). | |
| 31 | - | (c) This section does not limit a municipality, including a | |
| 32 | - | municipally owned retail water, wastewater, or drainage utility, | |
| 33 | - | from imposing in an area described by Subsection (a) a fine or fee, | |
| 34 | - | including through the adoption and enforcement of rates, for water, | |
| 35 | - | sewer, drainage, or other related utility services. | |
| 36 | - | (d) This section does not apply to development or | |
| 37 | - | redevelopment in an area in which an election was held under Section | |
| 38 | - | 43.0117. | |
| 28 | + | (c) This section does not apply to a regulation or | |
| 29 | + | compatible development standard adopted by a regional military | |
| 30 | + | sustainability commission under Chapter 397A. | |
| 39 | 31 | SECTION 2. This Act takes effect immediately if it receives | |
| 40 | 32 | a vote of two-thirds of all the members elected to each house, as | |
| 41 | 33 | provided by Section 39, Article III, Texas Constitution. If this | |
| 42 | 34 | Act does not receive the vote necessary for immediate effect, this | |
| 43 | 35 | Act takes effect September 1, 2019. |