Texas 2023 - 88th Regular

Texas Senate Bill SB2037 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Bettencourt S.B. No. 2037
2	2	(Oliverson)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of platting and subdivisions of land by a
8	8	municipality or county.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 212.003(a), Local Government Code, is
11	11	amended to read as follows:
12	12	(a) The governing body of a municipality by ordinance may
13	13	extend to the extraterritorial jurisdiction of the municipality the
14	14	application of municipal ordinances adopted under Section 212.002
15	15	and other municipal ordinances relating to access to public roads
16	16	or the pumping, extraction, and use of groundwater by persons other
17	17	than retail public utilities, as defined by Section 13.002, Water
18	18	Code, for the purpose of preventing the use or contact with
19	19	groundwater that presents an actual or potential threat to human
20	20	health. However, unless otherwise authorized by state law, in its
21	21	extraterritorial jurisdiction a municipality shall not regulate,
22	22	either directly or indirectly:
23	23	(1) the use of any building or property for business,
24	24	industrial, residential, or other purposes;
25	25	(2) the bulk, height, or number of buildings
26	26	constructed on a particular tract of land;
27	27	(3) the size of a building that can be constructed on a
28	28	particular tract of land, including without limitation any
29	29	restriction on the ratio of building floor space to the land square
30	30	footage;
31	31	(4) the minimum size of a lot, dimensions of a lot,
32	32	minimum width of a lot frontage, minimum distance a lot must be set
33	33	back from a road or property line, or another component of lot
34	34	density on a particular tract of land;
35	35	(5) the number of residential units that can be built
36	36	per acre of land; or
37	37	(6) [(5)] the size, type, or method of construction of
38	38	a 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
45	45	of 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].
53	53	SECTION 2. Sections 232.101(a) and (b), Local Government
54	54	Code, are amended to read as follows:
55	55	(a) By an order adopted and entered in the minutes of the
56	56	commissioners court and after a notice is published in a newspaper
57	57	of general circulation in the county, the commissioners court may
58	58	adopt rules governing plats and subdivisions of land within the
59	59	unincorporated area of the county as authorized by this subchapter
60	60	[to promote the health, safety, morals, or general welfare of the
61	61	county and the safe, orderly, and healthful development of the
62	62	unincorporated area of the county].
63	63	(b) A [Unless otherwise authorized by state law, a]
64	64	commissioners court shall not regulate, either directly or
65	65	indirectly [under this section]:
66	66	(1) the use of any building or property for business,
67	67	industrial, residential, or other purposes;
68	68	(2) the bulk, height, or number of buildings
69	69	constructed on a particular tract of land;
70	70	(3) the size of a building that can be constructed on a
71	71	particular tract of land, including without limitation and
72	72	restriction on the ratio of building floor space to the land square
73	73	footage;
74	74	(4) the minimum size of a lot, dimensions of a lot,
75	75	minimum width of a lot frontage, minimum distance a lot must be set
76	76	back from a road or property line, or another component of lot
77	77	density on a particular tract of land;
78	78	(5) the number of residential units that can be built
79	79	per acre of land;
80	80	(6) [(5)] a plat or subdivision in an adjoining
81	81	county; or
82	82	(7) [(6)] road access to a plat or subdivision in an
83	83	adjoining county.
84	84	SECTION 3. Sections 232.103 and 232.104, Local Government
85	85	Code, are repealed.
86	86	SECTION 4. The changes in law made by this Act apply only to
87	87	a plat application filed on or after the effective date of this Act.
88	88	A plat application filed before the effective date of this Act is
89	89	governed by the law in effect on the date the application was filed,
90	90	and the former law is continued in effect for that purpose.
91	91	SECTION 5. This Act takes effect immediately if it receives
92	92	a vote of two-thirds of all the members elected to each house, as
93	93	provided by Section 39, Article III, Texas Constitution. If this
94	94	Act does not receive the vote necessary for immediate effect, this
95	95	Act takes effect September 1, 2023.