Texas 2023 88th Regular

Texas House Bill HB4991 Introduced / Bill

Filed 03/10/2023

                    2023S0251-1 03/06/23
 By: Oliverson H.B. No. 4991


 A BILL TO BE ENTITLED
 AN ACT
 relating to the regulation of platting and subdivisions of land by a
 municipality or county.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 212.003(a), Local Government Code, is
 amended to read as follows:
 (a)  In [The governing body of a municipality by ordinance
 may extend to the extraterritorial jurisdiction of the municipality
 the application of municipal ordinances adopted under Section
 212.002 and other municipal ordinances relating to access to public
 roads or the pumping, extraction, and use of groundwater by persons
 other than retail public utilities, as defined by Section 13.002,
 Water Code, for the purpose of preventing the use or contact with
 groundwater that presents an actual or potential threat to human
 health. However, unless otherwise authorized by state law, in] its
 extraterritorial jurisdiction a municipality shall not regulate,
 either directly or indirectly:
 (1)  the use of any building or property for business,
 industrial, residential, or other purposes;
 (2)  the bulk, height, or number of buildings
 constructed on a particular tract of land;
 (3)  the size of a building that can be constructed on a
 particular tract of land, including without limitation any
 restriction on the ratio of building floor space to the land square
 footage;
 (4)  the number of residential units that can be built
 per acre of land; [or]
 (5)  the size, type, or method of construction of a
 water or wastewater facility that can be constructed to serve a
 developed tract of land if[:
 [(A)] the facility meets the minimum standards
 established for water or wastewater facilities by state and federal
 regulatory entities; or
 (6)  minimum lot sizes, lot dimensions, lot frontages,
 lot setbacks, or other components of lot density [and
 [(B) the developed tract of land is:
 [(i)  located in a county with a population
 of 2.8 million or more; and
 [(ii) served by:
 [(a)  on-site septic systems
 constructed before September 1, 2001, that fail to provide adequate
 services; or
 [(b)  on-site water wells constructed
 before September 1, 2001, that fail to provide an adequate supply of
 safe drinking water].
 SECTION 2.  Sections 232.101(a) and (b), Local Government
 Code, are amended to read as follows:
 (a)  By an order adopted and entered in the minutes of the
 commissioners court and after a notice is published in a newspaper
 of general circulation in the county, the commissioners court may
 adopt rules governing plats and subdivisions of land within the
 unincorporated area of the county as authorized in this subchapter
 [to promote the health, safety, morals, or general welfare of the
 county and the safe, orderly, and healthful development of the
 unincorporated area of the county].
 (b)  A [Unless otherwise authorized by state law, a]
 commissioners court shall not regulate, either directly or
 indirectly [under this section]:
 (1)  the use of any building or property for business,
 industrial, residential, or other purposes;
 (2)  the bulk, height, or number of buildings
 constructed on a particular tract of land;
 (3)  the size of a building that can be constructed on a
 particular tract of land, including without limitation and
 restriction on the ratio of building floor space to the land square
 footage;
 (4)  the number of residential units that can be built
 per acre of land;
 (5)  a plat or subdivision in an adjoining county; [or]
 (6)  road access to a plat or subdivision in an
 adjoining county; or
 (7)  minimum lot sizes, lot dimensions, lot frontages,
 lot setbacks, or other components of lot density.
 SECTION 3.  Section 212.003(a), Local Government Code, as
 amended by this Act, and Sections 232.101(a) and (b), Local
 Government Code, as amended by this Act, apply only to a plat filed
 on or after the effective date of this Act.
 SECTION 4.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution. If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2023.