89R5338 JBD-D
By: Bettencourt S.B. No. 1509
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality to regulate within its
extraterritorial jurisdiction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. MUNICIPAL REGULATION IN EXTRATERRITORIAL JURISDICTION
PROHIBITED
SECTION 1.01. Subchapter A, Chapter 51, Local Government
Code, is amended by adding Section 51.004 to read as follows:
Sec. 51.004. AUTHORITY TO REGULATE IN EXTRATERRITORIAL
JURISDICTION. (a) Notwithstanding any other law and except as
provided by Subsection (b), a municipality may not adopt or enforce
an ordinance, rule, or other measure that regulates the
municipality's extraterritorial jurisdiction.
(b) This section may not be construed to prohibit a
municipality from providing municipal services to a resident of the
municipality's extraterritorial jurisdiction on agreement between
the municipality and resident.
ARTICLE 2. REGULATORY CONFORMING AMENDMENTS
SECTION 2.01. Section 42.044(b), Local Government Code, is
amended to read as follows:
(b) The governing body of a municipality may designate any
part of its extraterritorial jurisdiction as an industrial district
[and may treat the designated area in a manner considered by the
governing body to be in the best interests of the municipality].
SECTION 2.02. Section 43.063(e), Local Government Code, is
amended to read as follows:
(e) This subsection applies only to a home-rule
municipality. If applicable, the notice for each hearing must
include:
(1) a statement that the completed annexation of the
area will expand the municipality's extraterritorial jurisdiction;
(2) a description of the area that would be newly
included in the municipality's extraterritorial jurisdiction; and
(3) a statement of the purpose of extraterritorial
jurisdiction designation as provided by Section 42.001[; and
[(4) a brief description of each municipal ordinance
that would be applicable, as authorized by Section 212.003, in the
area that would be newly included in the municipality's
extraterritorial jurisdiction].
SECTION 2.03. Section 212.004(a), Local Government Code, is
amended to read as follows:
(a) The owner of a tract of land located within the limits
[or in the extraterritorial jurisdiction] of a municipality who
divides the tract in two or more parts to lay out a subdivision of
the tract, including an addition to a municipality, to lay out
suburban, building, or other lots, or to lay out streets, alleys,
squares, parks, or other parts of the tract intended by the owner of
the tract to be dedicated to public use must have a plat of the
subdivision prepared. A division of a tract under this subsection
includes a division regardless of whether it is made by using a
metes and bounds description in a deed of conveyance or in a
contract for a deed, by using a contract of sale or other executory
contract to convey, or by using any other method. A division of
land under this subsection does not include a division of land into
parts greater than five acres, where each part has access and no
public improvement is being dedicated.
SECTION 2.04. Section 212.010(a), Local Government Code, is
amended to read as follows:
(a) The municipal authority responsible for approving plats
shall approve a plat if:
(1) it conforms to the general plan of the
municipality and its current and future streets, alleys, parks,
playgrounds, and public utility facilities;
(2) it conforms to the general plan for the extension
of the municipality and its roads, streets, and public highways
within the municipality [and in its extraterritorial
jurisdiction], taking into account access to and extension of sewer
and water mains and the instrumentalities of public utilities;
(3) a bond required under Section 212.0106, if
applicable, is filed with the municipality; and
(4) it conforms to any rules adopted under Section
212.002.
SECTION 2.05. Section 212.0115(a), Local Government Code,
is amended to read as follows:
(a) For the purposes of this section, land is considered to
be within the jurisdiction of a municipality if the land is located
within the limits [or in the extraterritorial jurisdiction] of the
municipality.
SECTION 2.06. Section 212.0146(a), Local Government Code,
is amended to read as follows:
(a) This section applies only to a replat of a subdivision
or a part of a subdivision located in a municipality [or the
extraterritorial jurisdiction of a municipality] with a population
of 1.4 million or more.
SECTION 2.07. Section 212.015(b), Local Government Code, is
amended to read as follows:
(b) Notice of the hearing required under Subsection (a-1)
shall be given before the 15th day before the date of the hearing
by:
(1) publication in an official newspaper or a
newspaper of general circulation in the county in which the
municipality is located; and
(2) [by] written notice, with a copy of Subsection (c)
attached, forwarded by the municipal authority responsible for
approving plats to the owners of lots that are in the original
subdivision and that are within 200 feet of the lots to be
replatted, as indicated on the most recently approved municipal tax
roll [or in the case of a subdivision within the extraterritorial
jurisdiction, the most recently approved county tax roll of the
property upon which the replat is requested]. The written notice
may be delivered by depositing the notice, properly addressed with
postage prepaid, in a post office or postal depository within the
boundaries of the municipality.
SECTION 2.08. Section 212.0155(a), Local Government Code,
is amended to read as follows:
(a) This section applies to land located wholly or partly:
(1) in the corporate boundaries of a municipality if
the municipality:
(A) has a population of more than 50,000; and
(B) is located wholly or partly in:
(i) a county with a population of more than
three million;
(ii) a county with a population of more than
400,000 that is adjacent to a county with a population of more than
three million; or
(iii) a county with a population of more
than 1.4 million:
(a) in which two or more
municipalities with a population of 300,000 or more are primarily
located; and
(b) that is adjacent to a county with
a population of more than two million; or
(2) in the corporate boundaries [or extraterritorial
jurisdiction] of a municipality with a population of 1.9 million or
more.
SECTION 2.09. Section 212.044, Local Government Code, is
amended to read as follows:
Sec. 212.044. PLANS, RULES, AND ORDINANCES. After a public
hearing on the matter, the municipality may adopt general plans,
rules, or ordinances governing development plats of land within the
limits [and in the extraterritorial jurisdiction] of the
municipality to promote the health, safety, morals, or general
welfare of the municipality and the safe, orderly, and healthful
development of the municipality.
SECTION 2.10. Section 212.045(a), Local Government Code, is
amended to read as follows:
(a) Any person who proposes the development of a tract of
land located within the limits [or in the extraterritorial
jurisdiction] of the municipality must have a development plat of
the tract prepared in accordance with this subchapter and the
applicable plans, rules, or ordinances of the municipality.
SECTION 2.11. Section 212.047, Local Government Code, is
amended to read as follows:
Sec. 212.047. APPROVAL OF DEVELOPMENT PLAT. The
municipality shall endorse approval on a development plat filed
with it if the plat conforms to:
(1) the general plans, rules, and ordinances of the
municipality concerning its current and future streets, sidewalks,
alleys, parks, playgrounds, and public utility facilities;
(2) the general plans, rules, and ordinances for the
extension of the municipality or the extension, improvement, or
widening of its roads, streets, and public highways within the
municipality [and in its extraterritorial jurisdiction], taking
into account access to and extension of sewer and water mains and
the instrumentalities of public utilities; and
(3) any general plans, rules, or ordinances adopted
under Section 212.044.
SECTION 2.12. Section 212.102(1), Local Government Code, is
amended to read as follows:
(1) "Affected area" means an area that is:
(A) in a municipality [or a municipality's
extraterritorial jurisdiction];
(B) in a county other than the county in which a
majority of the territory of the municipality is located;
(C) within the boundaries of one or more school
districts other than the school district in which a majority of the
territory of the municipality is located; and
(D) within the area of or within 1,500 feet of the
boundary of an assessment road district in which there are two state
highways.
SECTION 2.13. Section 214.904(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to a permit required by a
municipality to erect or improve a building or other structure in
the municipality [or its extraterritorial jurisdiction].
SECTION 2.14. Section 216.003(a), Local Government Code, is
amended to read as follows:
(a) Subject to the requirements of this subchapter, a
municipality may require the relocation, reconstruction, or
removal of any sign within its corporate limits [or
extraterritorial jurisdiction].
SECTION 2.15. Section 216.004(a), Local Government Code, is
amended to read as follows:
(a) If a municipality requires the relocation,
reconstruction, or removal of a sign within its corporate limits
[or extraterritorial jurisdiction], the presiding officer of the
governing body of the municipality shall appoint a municipal board
on sign control. The board must be composed of:
(1) two real estate appraisers, each of whom must be a
member in good standing of a nationally recognized professional
appraiser society or trade organization that has an established
code of ethics, educational program, and professional
certification program;
(2) one person engaged in the sign business in the
municipality;
(3) one employee of the Texas Department of
Transportation who is familiar with real estate valuations in
eminent domain proceedings; and
(4) one architect or landscape architect licensed by
this state.
SECTION 2.16. Section 229.002, Local Government Code, is
amended to read as follows:
Sec. 229.002. REGULATION OF DISCHARGE OF WEAPON. A
municipality may not apply a regulation relating to the discharge
of firearms or other weapons [in the extraterritorial jurisdiction
of the municipality or] in an area annexed by the municipality after
September 1, 1981, if the firearm or other weapon is:
(1) a shotgun, air rifle or pistol, BB gun, or bow and
arrow discharged:
(A) on a tract of land of 10 acres or more and
more than 150 feet from a residence or occupied building located on
another property; and
(B) in a manner not reasonably expected to cause
a projectile to cross the boundary of the tract; or
(2) a center fire or rim fire rifle or pistol of any
caliber discharged:
(A) on a tract of land of 50 acres or more and
more than 300 feet from a residence or occupied building located on
another property; and
(B) in a manner not reasonably expected to cause
a projectile to cross the boundary of the tract.
SECTION 2.17. Section 229.003(b), Local Government Code, is
amended to read as follows:
(b) Notwithstanding Section 229.002, a municipality may not
apply a regulation relating to the discharge of firearms or other
weapons [in the extraterritorial jurisdiction of the municipality
or] in an area annexed by the municipality after September 1, 1981,
if the firearm or other weapon is:
(1) a shotgun, air rifle or pistol, BB gun, or bow and
arrow discharged:
(A) on a tract of land of 10 acres or more and:
(i) more than 1,000 feet from:
(a) the property line of a public
tract of land, generally accessible by the public, that is
routinely used for organized sporting or recreational activities or
that has permanent recreational facilities or equipment; and
(b) the property line of a school,
hospital, or commercial day-care facility;
(ii) more than 600 feet from:
(a) the property line of a residential
subdivision; and
(b) the property line of a multifamily
residential complex; and
(iii) more than 150 feet from a residence or
occupied building located on another property; and
(B) in a manner not reasonably expected to cause
a projectile to cross the boundary of the tract;
(2) a center fire or rim fire rifle or pistol of any
caliber discharged:
(A) on a tract of land of 50 acres or more and:
(i) more than 1,000 feet from:
(a) the property line of a public
tract of land, generally accessible by the public, that is
routinely used for organized sporting or recreational activities or
that has permanent recreational facilities or equipment; and
(b) the property line of a school,
hospital, or commercial day-care facility;
(ii) more than 600 feet from:
(a) the property line of a residential
subdivision; and
(b) the property line of a multifamily
residential complex; and
(iii) more than 300 feet from a residence or
occupied building located on another property; and
(B) in a manner not reasonably expected to cause
a projectile to cross the boundary of the tract; or
(3) discharged at a sport shooting range, as defined
by Section 250.001, in a manner not reasonably expected to cause a
projectile to cross the boundary of a tract of land.
SECTION 2.18. Section 229.004(b), Local Government Code, is
amended to read as follows:
(b) Notwithstanding Section 229.002, a municipality may not
apply a regulation relating to the discharge of firearms or other
weapons [in the extraterritorial jurisdiction of the municipality
or] in an area annexed by the municipality on or before September 1,
1981, if the firearm or other weapon is:
(1) a shotgun, air rifle or pistol, BB gun, or bow and
arrow discharged:
(A) on a tract of land of 100 acres or more and
more than 150 feet from a residence or occupied building located on
another property; and
(B) in a manner not reasonably expected to cause
a projectile to cross the boundary of the tract; or
(2) a center fire or rim fire rifle or pistol of any
caliber discharged:
(A) on a tract of land of 100 acres or more and
more than 300 feet from a residence or occupied building located on
another property; and
(B) in a manner not reasonably expected to cause
a projectile to cross the boundary of the tract.
SECTION 2.19. Section 232.006(b), Local Government Code, is
amended to read as follows:
(b) If a county elects to operate under this section,
Section 232.005 does not apply to the county. The sections of this
chapter preceding Section 232.005 do apply to the county in the same
manner that they apply to other counties except that:
(1) they apply only to tracts of land located outside
municipalities [and the extraterritorial jurisdiction of
municipalities, as determined under Chapter 42];
(2) the commissioners court of the county, instead of
having the powers granted by Sections 232.003(2) and (3), may:
(A) require a right-of-way on a street or road
that does not function as a main artery in the subdivision of not
less than 40 feet or more than 50 feet; and
(B) require that the street cut on a main artery
within the right-of-way be not less than 30 feet or more than 45
feet, and that the street cut on any other street or road within the
right-of-way be not less than 25 feet or more than 35 feet; and
(3) Section 232.004(5)(B) does not apply to the
county.
SECTION 2.20. Section 232.008(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to real property located
outside municipalities [and the extraterritorial jurisdiction of
municipalities, as determined under Chapter 42].
SECTION 2.21. Section 232.0085(a), Local Government Code,
is amended to read as follows:
(a) This section applies only to real property that[:
[(1)] is located in the unincorporated area of an
affected county, as defined by Section 16.341, Water Code, that:
(1) [(A)] has adopted the model rules developed under
Section 16.343, Water Code; and
(2) [(B)] is located along an international border[;
and
[(2) if the area is located in the extraterritorial
jurisdiction of a municipality, is not subject to a written
agreement under Section 242.001 that authorizes the municipality to
regulate subdivision plats and approve related permits in the
extraterritorial jurisdiction].
SECTION 2.22. Section 232.009(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to real property located
outside municipalities [and the extraterritorial jurisdiction of
municipalities with a population of 1.5 million or more, as
determined under Chapter 42].
SECTION 2.23. Section 232.0095(a), Local Government Code,
is amended to read as follows:
(a) This section applies only to real property located
outside municipalities [and outside the extraterritorial
jurisdiction, as determined under Chapter 42, of municipalities
with a population of 1.5 million or more].
SECTION 2.24. Section 232.022(c), Local Government Code, is
amended to read as follows:
(c) For [Except as provided by Subsection (c-1), for]
purposes of this section, land is considered to be in the
jurisdiction of a county if the land is located in the county and
outside the corporate limits of municipalities.
SECTION 2.25. Section 232.028(g), Local Government Code, is
amended to read as follows:
(g) The commissioners court may impose a fee for a
certificate issued under this section for a subdivision which is
located in the county and not within the limits of a municipality.
The amount of the fee is [may be the greater of] $30 [or the amount
of the fee imposed by the municipality for a subdivision that is
located entirely in the extraterritorial jurisdiction of the
municipality for a certificate issued under Section 212.0115]. [A
person who obtains a certificate under this section is not required
to obtain a certificate under Section 212.0115.]
SECTION 2.26. Section 232.029(p), Local Government Code, is
amended to read as follows:
(p) The commissioners court may impose a fee for a
certificate issued under this section for a subdivision which is
located in the county and not within the limits of a municipality.
The amount of the fee is [may be the greater of] $30 [or the amount
of the fee imposed by the municipality for a subdivision that is
located entirely in the extraterritorial jurisdiction of the
municipality for a certificate issued under Section 212.0115]. [A
person who obtains a certificate under this section is not required
to obtain a certificate under Section 212.0115.]
SECTION 2.27. Section 351.143(a), Local Government Code, is
amended to read as follows:
(a) Before a jail facility is conveyed to a receiving
county, the district may make changes in or additions to the
facility if the board determines that the changes or additions are
necessary to:
(1) comply with the requirements of that county and,
if the facility is located within the jurisdiction of a
municipality, comply with the requirements of the municipality in
whose limits [or extraterritorial jurisdiction] the facility is
located; or
(2) adjust to circumstances or requirements that did
not exist at the time the original plans for the facility were
approved by the board.
SECTION 2.28. Sections 372.003(a) and (d), Local Government
Code, are amended to read as follows:
(a) If the governing body of a municipality or county finds
that it promotes the interests of the municipality or county, the
governing body may undertake an improvement project that confers a
special benefit on a definable part of the municipality or county
[or the municipality's extraterritorial jurisdiction]. The
commissioners court of a county may undertake a project on a
definable part of a municipality's extraterritorial jurisdiction
that is located in the county. A project may be undertaken in the
municipality or county or the municipality's extraterritorial
jurisdiction.
(d) A county may establish a public improvement district
unless within 30 days of a county's action to approve such a
district, a home rule municipality objects to its establishment
within the municipality's corporate limits [or extraterritorial
jurisdiction].
SECTION 2.29. Sections 375.0922(a) and (b), Local
Government Code, are amended to read as follows:
(a) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulations of
each municipality in whose corporate limits [or extraterritorial
jurisdiction] the road project is located.
(b) If a road project is not located in the corporate limits
[or extraterritorial jurisdiction] of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
SECTION 2.30. Section 375.304(a), Local Government Code, is
amended to read as follows:
(a) The governing body of a municipality by resolution or
ordinance may create an authority in an area that is:
(1) in the same county as a military installation or
facility that is:
(A) closed or realigned under the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. Section 2687 note)
and its subsequent amendments; or
(B) a base efficiency project as defined by
Section 379B.001; and
(2) in an area that has been annexed [or disannexed]
for full or limited purposes under Subchapter F, Chapter 43, by a
municipality with a population of at least 1.1 million [or is in the
extraterritorial jurisdiction of a municipality with a population
of at least 1.1 million and that has been annexed for limited
purposes by the municipality under Subchapter F, Chapter 43].
SECTION 2.31. Section 377.002, Local Government Code, is
amended to read as follows:
Sec. 377.002. SCOPE. [(a)] A municipality may create a
district as provided in this chapter in[:
[(1)] all or part of the boundaries of the
municipality[;
[(2) all or part of the boundaries of the municipality
and all or part of the boundaries of the municipality's
extraterritorial jurisdiction; or
[(3) all or part of the municipality's
extraterritorial jurisdiction].
[(b) The municipality may include territory outside of the
municipality only to the extent that territory is in the
municipality's extraterritorial jurisdiction.]
SECTION 2.32. Section 377.021(g), Local Government Code, is
amended to read as follows:
(g) In the order calling the election, the municipality may
provide for the district boundaries to conform automatically to any
changes in the boundaries of the portion of the municipality [or the
municipality's extraterritorial jurisdiction] included in the
district, and the election shall be held on one of the four uniform
election dates under Section 41.001, Election Code.
SECTION 2.33. Section 377.051(d), Local Government Code, is
amended to read as follows:
(d) To qualify to serve as a director, a person must reside
in the municipality that created the district [or in that
municipality's extraterritorial jurisdiction]. An employee,
officer, or member of the governing body of the municipality may
serve as a director, but may not have a personal interest in a
contract executed by the district other than as an employee,
officer, or member of the governing body of the municipality.
SECTION 2.34. Sections 377.072(c) and (d), Local Government
Code, are amended to read as follows:
(c) Except as provided by Subsections (d) and (e), the
district may use money in the development project fund only to:
(1) pay the costs of planning, acquiring,
establishing, developing, constructing, or renovating one or more
development projects located[:
[(A)] in the district; [or
[(B) outside the district, if:
[(i) the project is located in the
extraterritorial jurisdiction of the municipality that created the
district;
[(ii) the board determines that the
development project will provide an economic benefit to the
district; and
[(iii) the following entities, as
applicable, by resolution approve the development project:
[(a) the municipality that created
the district; and
[(b) each municipality in whose
corporate limits or extraterritorial jurisdiction the project is
located;]
(2) pay the principal of, interest on, and other costs
relating to bonds or other obligations issued by the district or to
refund bonds or other obligations; or
(3) pay the costs of operating or maintaining one or
more development projects during the planning, acquisition,
establishment, development, construction, or renovation or while
bonds or other obligations for the planning, acquisition,
establishment, development, construction, or renovation are
outstanding.
(d) A district located in a county with a population of 3.3
million or more may use money in the development project fund only
to:
(1) pay the costs of planning, acquiring,
establishing, developing, constructing, or renovating one or more
development projects beneficial to the district if the projects are
in the district boundaries [or the extraterritorial jurisdiction]
of the municipality where the district is located;
(2) pay the principal of, interest on, and other costs
relating to bonds or other obligations issued by the district or to
refund bonds or other obligations; or
(3) pay the costs of operating or maintaining one or
more development projects during the planning, acquisition,
establishment, development, construction, or renovation or while
bonds or other obligations for the planning, acquisition,
establishment, development, construction, or renovation are
outstanding.
SECTION 2.35. Section 380.001(a), Local Government Code, is
amended to read as follows:
(a) The governing body of a municipality may establish and
provide for the administration of one or more programs, including
programs for making loans and grants of public money and providing
personnel and services of the municipality, to promote state or
local economic development and to stimulate business and commercial
activity in the municipality. For purposes of this subsection, a
municipality includes an area that[:
[(1)] has been annexed by the municipality for limited
purposes[; or
[(2) is in the extraterritorial jurisdiction of the
municipality].
SECTION 2.36. Section 382.109(b), Local Government Code, is
amended to read as follows:
(b) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulatory
ordinances of each municipality in whose corporate limits [or
extraterritorial jurisdiction] the district is located. If the
district is located outside the corporate limits [extraterritorial
jurisdiction] of a municipality, a road project must meet all
applicable construction standards, zoning and subdivision
requirements, and regulatory ordinances of each county in which the
district is located.
SECTION 2.37. Section 382.113(c), Local Government Code, is
amended to read as follows:
(c) Before a district may adopt an order adding or excluding
land, the district must obtain the consent of[:
[(1)] the county that created the district by a
resolution of the county commissioners court[; and
[(2) a municipality in whose extraterritorial
jurisdiction the district is located by a resolution adopted by the
municipality's governing body].
SECTION 2.38. Section 395.001(9), Local Government Code, is
amended to read as follows:
(9) "Service area" means the area within the corporate
boundaries [or extraterritorial jurisdiction, as determined under
Chapter 42,] of the political subdivision to be served by the
capital improvements or facilities expansions specified in the
capital improvements plan, except roadway facilities and storm
water, drainage, and flood control facilities. The service area,
for the purposes of this chapter, may include all or part of the
land within the political subdivision [or its extraterritorial
jurisdiction], except for roadway facilities and storm water,
drainage, and flood control facilities. For roadway facilities,
the service area is limited to an area within the corporate
boundaries of the political subdivision and shall not exceed six
miles. For storm water, drainage, and flood control facilities, the
service area may include all or part of the land within the
political subdivision [or its extraterritorial jurisdiction], but
shall not exceed the area actually served by the storm water,
drainage, and flood control facilities designated in the capital
improvements plan and shall not extend across watershed boundaries.
SECTION 2.39. Section 395.011(b), Local Government Code, is
amended to read as follows:
(b) Political subdivisions may enact or impose impact fees
on land within their corporate boundaries [or extraterritorial
jurisdictions] only by complying with this chapter[, except that
impact fees may not be enacted or imposed in the extraterritorial
jurisdiction for roadway facilities].
SECTION 2.40. Section 395.058(b), Local Government Code, is
amended to read as follows:
(b) The advisory committee is composed of not less than five
members who shall be appointed by a majority vote of the governing
body of the political subdivision. Not less than 40 percent of the
membership of the advisory committee must be representatives of the
real estate, development, or building industries who are not
employees or officials of a political subdivision or governmental
entity. If the political subdivision has a planning and zoning
commission, the commission may act as the advisory committee if the
commission includes at least one representative of the real estate,
development, or building industry who is not an employee or
official of a political subdivision or governmental entity. If no
such representative is a member of the planning and zoning
commission, the commission may still act as the advisory committee
if at least one such representative is appointed by the political
subdivision as an ad hoc voting member of the planning and zoning
commission when it acts as the advisory committee. [If the impact
fee is to be applied in the extraterritorial jurisdiction of the
political subdivision, the membership must include a
representative from that area.]
SECTION 2.41. Section 397A.057, Local Government Code, is
amended to read as follows:
Sec. 397A.057. COORDINATION WITH OTHER PLANS AND
STUDIES. The compatible development standards and regulations
adopted under this subchapter must be coordinated with:
(1) the county plan for growth and development of the
participating county or a county located in the regional military
sustainability commission's territory; and
(2) [the comprehensive plan of the participating
municipality; and
[(3)] the most recent Joint Land Use Study, if the
commission makes a finding that the conclusions of the study
accurately reflect circumstances in the territory.
SECTION 2.42. Section 397A.107, Local Government Code, is
amended to read as follows:
Sec. 397A.107. COORDINATION WITH OTHER PLANS AND
STUDIES. The compatible development standards and regulations
adopted under this subchapter must be coordinated with:
(1) the county plan for growth and development of the
participating county or a county located in the regional military
sustainability commission's territory; and
(2) [the comprehensive plan of the participating
municipality; and
[(3)] the most recent Joint Land Use Study, if the
commission makes a finding that the conclusions of the study
accurately reflect circumstances in the territory.
SECTION 2.43. Section 507.103(b), Local Government Code, is
amended to read as follows:
(b) Before exercising the power of eminent domain under this
chapter, a spaceport development corporation must obtain a
resolution approving the proposed condemnation from the governing
body of a county or municipality in which the property is located.
[For purposes of this chapter, territory in the extraterritorial
jurisdiction of a municipality is considered to be in the
jurisdiction of the municipality.]
SECTION 2.44. Section 551.006(a), Local Government Code, is
amended to read as follows:
(a) A municipality with a population of 20,000 or more by
ordinance shall require an installer of an irrigation system:
(1) to hold a license issued under Section 1903.251,
Occupations Code; and
(2) to obtain a permit before installing a system
within the territorial limits [or extraterritorial jurisdiction]
of the municipality.
SECTION 2.45. Section 551.007, Local Government Code, is
amended to read as follows:
Sec. 551.007. WATER CONSERVATION BY HOME-RULE
MUNICIPALITY. A home-rule municipality may adopt and enforce
ordinances requiring water conservation in the municipality [and by
customers of the municipality's municipally owned water and sewer
utility in the extraterritorial jurisdiction of the municipality].
SECTION 2.46. Section 552.044(8), Local Government Code, is
amended to read as follows:
(8) "Service area" means the municipal boundaries and
any other land areas outside the municipal boundaries which, as a
result of topography or hydraulics, contribute overland flow into
the watersheds served by the drainage system of a municipality;
provided, however, that [in no event may] a service area may not
extend farther than the municipal boundaries [of a municipality's
current extraterritorial jurisdiction], and [nor], except as
provided by Section 552.0451, [may] a service area of one
municipality may not extend into the boundaries of another
municipality. The service area is to be established in the
ordinance establishing the drainage utility. [Provided, that no
municipality shall extend a service area outside of its municipal
boundaries except:
[(A) a municipality of more than 500,000
population located within 50 miles of an international border;
[(B) a municipality all or part of which is
located over or within the Edwards Aquifer recharge zone or the
Edwards Aquifer transition zone, as designated by the Texas Natural
Resource Conservation Commission; or
[(C) as provided by Section 552.0451.]
SECTION 2.47. Section 552.045(e), Local Government Code, is
amended to read as follows:
(e) The municipality by ordinance may adopt and enforce
rules as it considers appropriate to operate the drainage utility
system. [Provided, however, that the prohibitions contained in
Section 212.003(a) of the Local Government Code relating to
quasi-zoning and other land use regulations in the extraterritorial
jurisdiction of a municipality shall apply to any rule or ordinance
adopted or enacted by the municipality under this Act, except that
rates may be established using impervious cover measurements
relating to land use and building size.]
SECTION 2.48. Section 552.0451(a), Local Government Code,
is amended to read as follows:
(a) A municipality with a population of more than 900,000
located in one or more counties with a population of less than 1.5
million as of the 1990 federal census may extend its service area[:
[(1)] into the boundaries of another municipality if:
(1) [(A)] before the extension water from the
municipality to which the service area is to be extended regularly
drains into the drainage system of the municipality extending its
service area; and
(2) [(B)] the extension is provided for by an
interlocal agreement between the municipalities[; or
[(2) beyond its municipal boundaries into an
unincorporated area of its extraterritorial jurisdiction if:
[(A) before the extension water from the area to
which the service area is to be extended regularly drains into the
drainage system of the municipality extending its service area; and
[(B) the extension is provided for by an
interlocal agreement between the municipality extending its
service area and the county containing the area to which the service
area is to be extended].
SECTION 2.49. Section 552.907(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to territory located in a
municipality [or in the extraterritorial jurisdiction of a
municipality] and located over the recharge zone of an aquifer that
provides all or part of the water supply of the municipality.
ARTICLE 3. REPEALER CONFORMING AMENDMENTS
SECTION 3.01. Section 43.052(f-1), Local Government Code,
is amended to read as follows:
(f-1) In addition to the notice provided under Subsection
(f), a home-rule municipality, before the 90th day after the date
the municipality adopts or amends an annexation plan under this
section, shall give written notice as provided by this subsection
to each property owner in any area that would be newly included in
the municipality's extraterritorial jurisdiction as a result of the
proposed annexation. For purposes of this subsection, a property
owner is the owner as indicated by the appraisal records furnished
by the appraisal district for each county in which the area that
would be newly included in the municipality's extraterritorial
jurisdiction is located. The notice must include:
(1) a description of the area that has been included in
the municipality's annexation plan;
(2) a statement that the completed annexation of that
area will expand the municipality's extraterritorial jurisdiction
to include all or part of the property owner's property; and
(3) a statement of the purpose of extraterritorial
jurisdiction designation as provided by Section 42.001[; and
[(4) a brief description of each municipal ordinance
that would be applicable, as authorized by Section 212.003, in the
area that would be newly included in the municipality's
extraterritorial jurisdiction].
SECTION 3.02. Section 43.0561(e), Local Government Code, is
amended to read as follows:
(e) This subsection applies only to a home-rule
municipality. If applicable, the notice for each hearing must
include:
(1) a statement that the completed annexation of the
area will expand the municipality's extraterritorial jurisdiction;
(2) a description of the area that would be newly
included in the municipality's extraterritorial jurisdiction; and
(3) a statement of the purpose of extraterritorial
jurisdiction designation as provided by Section 42.001[; and
[(4) a brief description of each municipal ordinance
that would be applicable, as authorized by Section 212.003, in the
area that would be newly included in the municipality's
extraterritorial jurisdiction].
SECTION 3.03. Section 43.063(e), Local Government Code, is
amended to read as follows:
(e) This subsection applies only to a home-rule
municipality. If applicable, the notice for each hearing must
include:
(1) a statement that the completed annexation of the
area will expand the municipality's extraterritorial jurisdiction;
(2) a description of the area that would be newly
included in the municipality's extraterritorial jurisdiction; and
(3) a statement of the purpose of extraterritorial
jurisdiction designation as provided by Section 42.001[; and
[(4) a brief description of each municipal ordinance
that would be applicable, as authorized by Section 212.003, in the
area that would be newly included in the municipality's
extraterritorial jurisdiction].
SECTION 3.04. Section 212.0085, Local Government Code, is
amended to read as follows:
Sec. 212.0085. APPROVAL PROCEDURE: APPLICABILITY. The
approval procedures under this subchapter apply to a municipality
regardless of whether the municipality has entered into an
interlocal agreement[, including an interlocal agreement between a
municipality and county under Section 242.001(d)].
SECTION 3.05. Section 212.904(a), Local Government Code, is
amended to read as follows:
(a) If a municipality requires[, including under an
agreement under Chapter 242,] as a condition of approval for a
property development project that the developer bear a portion of
the costs of municipal infrastructure improvements by the making of
dedications, the payment of fees, or the payment of construction
costs, the developer's portion of the costs may not exceed the
amount required for infrastructure improvements that are roughly
proportionate to the proposed development as approved by a
professional engineer who holds a license issued under Chapter
1001, Occupations Code, and is retained by the municipality. The
municipality's determination shall be completed within thirty days
following the submission of the developer's application for
determination under this subsection.
SECTION 3.06. Section 216.015(a), Local Government Code, is
amended to read as follows:
(a) The legislature declares that it would not have enacted
the following without the inclusion of Section 216.010(a), to the
extent that provision excludes methods of compensation not
specifically authorized by that provision:
(1) this subchapter;
(2) [Section 216.902;
[(3)] Article 2, Chapter 221, Acts of the 69th
Legislature, Regular Session, 1985 (codified as Chapter 394,
Transportation Code); and
(3) [(4)] the amendments made to Section 3, Property
Redevelopment and Tax Abatement Act (codified as Chapter 312, Tax
Code) by Article 4, Chapter 221, Acts of the 69th Legislature,
Regular Session, 1985.
SECTION 3.07. Section 232.0015(b), Local Government Code,
is amended to read as follows:
(b) This [Except as provided by Section 232.0013, this]
subchapter does not apply to a subdivision of land to which
Subchapter B applies.
SECTION 3.08. Section 232.0023, Local Government Code, is
amended to read as follows:
Sec. 232.0023. APPROVAL PROCEDURE: APPLICABILITY. The plat
application approval procedures under this subchapter apply to a
county regardless of whether the county has entered into an
interlocal agreement[, including an interlocal agreement between a
municipality and county under Section 242.001(d)].
SECTION 3.09. Section 232.110(a), Local Government Code, is
amended to read as follows:
(a) If, under any authority expressly authorized by this
chapter, a county requires, [including under an agreement under
Chapter 242,] as a condition of approval for a property development
project that the developer bear a portion of the costs of county
infrastructure improvements by the making of dedications, the
payment of fees, or the payment of construction costs, the
developer's portion of the costs may not exceed the amount required
for infrastructure improvements that are roughly proportionate to
the proposed development as approved by a professional engineer who
holds a license issued under Chapter 1001, Occupations Code, and is
retained by the county. The county's determination shall be
completed within thirty days following the submission of the
developer's application for determination under this subsection.
SECTION 3.10. Section 8230.005, Special District Local Laws
Code, is amended to read as follows:
Sec. 8230.005. CERTAIN LAWS INAPPLICABLE TO CREATION OF
DISTRICT. The district was created notwithstanding any provision
of [Section 212.003, Local Government Code,] Chapter 42 or 43,
Local Government Code, or Section 54.016, Water Code, and to the
extent of the creation of the district only, those provisions shall
have no application.
SECTION 3.11. Section 16.343(f), Water Code, is amended to
read as follows:
(f) The model rules may impose a platting or replatting
requirement pursuant to Subsection (b)(2), (c)(2), or (d). A
[Except as may be required by an agreement developed under Chapter
242, Local Government Code, a] municipality that has adopted the
model rules may impose the applicable platting requirements of
Chapter 212, Local Government Code, and a county that has adopted
the model rules may impose the applicable platting requirements of
Chapter 232, Local Government Code, to real property that is
required to be platted or replatted by the model rules under this
section.
ARTICLE 4. REPEALER
SECTION 4.01. The following provisions of the Local
Government Code are repealed:
(1) Section 42.904;
(2) Section 212.001(1);
(3) Section 212.0025;
(4) Section 212.003;
(5) Section 212.007;
(6) Sections 212.012(d), (e), and (f);
(7) Section 216.0035;
(8) Section 216.902;
(9) Section 232.0013;
(10) Section 232.022(c-1);
(11) Section 233.031(b);
(12) Section 233.153(c);
(13) Chapter 242;
(14) Section 352.119(a);
(15) Section 382.001(a)(4);
(16) Section 386.002;
(17) Section 395.011(c);
(18) Section 399.007(c);
(19) Section 551.004;
(20) Section 551.005(b); and
(21) Section 562.012(d).
SECTION 4.02. The following provisions are repealed:
(1) Article 4.11(c), Code of Criminal Procedure;
(2) Section 26.045(f), Government Code;
(3) Section 27.031(c), Government Code; and
(4) Section 394.062(b), Transportation Code.
ARTICLE 5. EFFECTIVE DATE
SECTION 5.01. This Act takes effect September 1, 2025.