| 1 | 1 | | 2023S0251-1 03/06/23 |
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| 2 | 2 | | By: Oliverson H.B. No. 4991 |
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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 regulation of platting and subdivisions of land by a |
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| 8 | 8 | | municipality or county. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 212.003(a), Local Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) In [The governing body of a municipality by ordinance |
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| 13 | 13 | | may extend to the extraterritorial jurisdiction of the municipality |
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| 14 | 14 | | the application of municipal ordinances adopted under Section |
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| 15 | 15 | | 212.002 and other municipal ordinances relating to access to public |
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| 16 | 16 | | roads or the pumping, extraction, and use of groundwater by persons |
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| 17 | 17 | | other than retail public utilities, as defined by Section 13.002, |
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| 18 | 18 | | Water Code, for the purpose of preventing the use or contact with |
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| 19 | 19 | | groundwater that presents an actual or potential threat to human |
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| 20 | 20 | | health. However, unless otherwise authorized by state law, in] its |
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| 21 | 21 | | extraterritorial jurisdiction a municipality shall not regulate, |
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| 22 | 22 | | either directly or indirectly: |
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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; or |
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| 39 | 39 | | (6) minimum lot sizes, lot dimensions, lot frontages, |
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| 40 | 40 | | lot setbacks, or other components of lot density [and |
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| 41 | 41 | | [(B) the developed tract of land is: |
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| 42 | 42 | | [(i) located in a county with a population |
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| 43 | 43 | | of 2.8 million or more; and |
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| 44 | 44 | | [(ii) served by: |
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| 45 | 45 | | [(a) on-site septic systems |
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| 46 | 46 | | constructed before September 1, 2001, that fail to provide adequate |
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| 47 | 47 | | services; or |
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| 48 | 48 | | [(b) on-site water wells constructed |
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| 49 | 49 | | before September 1, 2001, that fail to provide an adequate supply of |
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| 50 | 50 | | safe drinking water]. |
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| 51 | 51 | | SECTION 2. Sections 232.101(a) and (b), Local Government |
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| 52 | 52 | | Code, are amended to read as follows: |
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| 53 | 53 | | (a) By an order adopted and entered in the minutes of the |
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| 54 | 54 | | commissioners court and after a notice is published in a newspaper |
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| 55 | 55 | | of general circulation in the county, the commissioners court may |
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| 56 | 56 | | adopt rules governing plats and subdivisions of land within the |
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| 57 | 57 | | unincorporated area of the county as authorized in this subchapter |
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| 58 | 58 | | [to promote the health, safety, morals, or general welfare of the |
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| 59 | 59 | | county and the safe, orderly, and healthful development of the |
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| 60 | 60 | | unincorporated area of the county]. |
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| 61 | 61 | | (b) A [Unless otherwise authorized by state law, a] |
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| 62 | 62 | | commissioners court shall not regulate, either directly or |
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| 63 | 63 | | indirectly [under this section]: |
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| 64 | 64 | | (1) the use of any building or property for business, |
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| 65 | 65 | | industrial, residential, or other purposes; |
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| 66 | 66 | | (2) the bulk, height, or number of buildings |
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| 67 | 67 | | constructed on a particular tract of land; |
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| 68 | 68 | | (3) the size of a building that can be constructed on a |
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| 69 | 69 | | particular tract of land, including without limitation and |
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| 70 | 70 | | restriction on the ratio of building floor space to the land square |
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| 71 | 71 | | footage; |
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| 72 | 72 | | (4) the number of residential units that can be built |
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| 73 | 73 | | per acre of land; |
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| 74 | 74 | | (5) a plat or subdivision in an adjoining county; [or] |
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| 75 | 75 | | (6) road access to a plat or subdivision in an |
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| 76 | 76 | | adjoining county; or |
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| 77 | 77 | | (7) minimum lot sizes, lot dimensions, lot frontages, |
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| 78 | 78 | | lot setbacks, or other components of lot density. |
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| 79 | 79 | | SECTION 3. Section 212.003(a), Local Government Code, as |
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| 80 | 80 | | amended by this Act, and Sections 232.101(a) and (b), Local |
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| 81 | 81 | | Government Code, as amended by this Act, apply only to a plat filed |
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| 82 | 82 | | on or after the effective date of this Act. |
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| 83 | 83 | | SECTION 4. This Act takes effect immediately if it receives |
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| 84 | 84 | | a vote of two-thirds of all the members elected to each house, as |
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| 85 | 85 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 86 | 86 | | Act does not receive the vote necessary for immediate effect, this |
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| 87 | 87 | | Act takes effect September 1, 2023. |
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