Texas 2025 - 89th Regular

Texas Senate Bill SB1509 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5338 JBD-D
2	2	By: Bettencourt S.B. No. 1509
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of a municipality to regulate within its
10	10	extraterritorial jurisdiction.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. MUNICIPAL REGULATION IN EXTRATERRITORIAL JURISDICTION
13	13	PROHIBITED
14	14	SECTION 1.01. Subchapter A, Chapter 51, Local Government
15	15	Code, is amended by adding Section 51.004 to read as follows:
16	16	Sec. 51.004. AUTHORITY TO REGULATE IN EXTRATERRITORIAL
17	17	JURISDICTION. (a) Notwithstanding any other law and except as
18	18	provided by Subsection (b), a municipality may not adopt or enforce
19	19	an ordinance, rule, or other measure that regulates the
20	20	municipality's extraterritorial jurisdiction.
21	21	(b) This section may not be construed to prohibit a
22	22	municipality from providing municipal services to a resident of the
23	23	municipality's extraterritorial jurisdiction on agreement between
24	24	the municipality and resident.
25	25	ARTICLE 2. REGULATORY CONFORMING AMENDMENTS
26	26	SECTION 2.01. Section 42.044(b), Local Government Code, is
27	27	amended to read as follows:
28	28	(b) The governing body of a municipality may designate any
29	29	part of its extraterritorial jurisdiction as an industrial district
30	30	[and may treat the designated area in a manner considered by the
31	31	governing body to be in the best interests of the municipality].
32	32	SECTION 2.02. Section 43.063(e), Local Government Code, is
33	33	amended to read as follows:
34	34	(e) This subsection applies only to a home-rule
35	35	municipality. If applicable, the notice for each hearing must
36	36	include:
37	37	(1) a statement that the completed annexation of the
38	38	area will expand the municipality's extraterritorial jurisdiction;
39	39	(2) a description of the area that would be newly
40	40	included in the municipality's extraterritorial jurisdiction; and
41	41	(3) a statement of the purpose of extraterritorial
42	42	jurisdiction designation as provided by Section 42.001[; and
43	43	[(4) a brief description of each municipal ordinance
44	44	that would be applicable, as authorized by Section 212.003, in the
45	45	area that would be newly included in the municipality's
46	46	extraterritorial jurisdiction].
47	47	SECTION 2.03. Section 212.004(a), Local Government Code, is
48	48	amended to read as follows:
49	49	(a) The owner of a tract of land located within the limits
50	50	[or in the extraterritorial jurisdiction] of a municipality who
51	51	divides the tract in two or more parts to lay out a subdivision of
52	52	the tract, including an addition to a municipality, to lay out
53	53	suburban, building, or other lots, or to lay out streets, alleys,
54	54	squares, parks, or other parts of the tract intended by the owner of
55	55	the tract to be dedicated to public use must have a plat of the
56	56	subdivision prepared. A division of a tract under this subsection
57	57	includes a division regardless of whether it is made by using a
58	58	metes and bounds description in a deed of conveyance or in a
59	59	contract for a deed, by using a contract of sale or other executory
60	60	contract to convey, or by using any other method. A division of
61	61	land under this subsection does not include a division of land into
62	62	parts greater than five acres, where each part has access and no
63	63	public improvement is being dedicated.
64	64	SECTION 2.04. Section 212.010(a), Local Government Code, is
65	65	amended to read as follows:
66	66	(a) The municipal authority responsible for approving plats
67	67	shall approve a plat if:
68	68	(1) it conforms to the general plan of the
69	69	municipality and its current and future streets, alleys, parks,
70	70	playgrounds, and public utility facilities;
71	71	(2) it conforms to the general plan for the extension
72	72	of the municipality and its roads, streets, and public highways
73	73	within the municipality [and in its extraterritorial
74	74	jurisdiction], taking into account access to and extension of sewer
75	75	and water mains and the instrumentalities of public utilities;
76	76	(3) a bond required under Section 212.0106, if
77	77	applicable, is filed with the municipality; and
78	78	(4) it conforms to any rules adopted under Section
79	79	212.002.
80	80	SECTION 2.05. Section 212.0115(a), Local Government Code,
81	81	is amended to read as follows:
82	82	(a) For the purposes of this section, land is considered to
83	83	be within the jurisdiction of a municipality if the land is located
84	84	within the limits [or in the extraterritorial jurisdiction] of the
85	85	municipality.
86	86	SECTION 2.06. Section 212.0146(a), Local Government Code,
87	87	is amended to read as follows:
88	88	(a) This section applies only to a replat of a subdivision
89	89	or a part of a subdivision located in a municipality [or the
90	90	extraterritorial jurisdiction of a municipality] with a population
91	91	of 1.4 million or more.
92	92	SECTION 2.07. Section 212.015(b), Local Government Code, is
93	93	amended to read as follows:
94	94	(b) Notice of the hearing required under Subsection (a-1)
95	95	shall be given before the 15th day before the date of the hearing
96	96	by:
97	97	(1) publication in an official newspaper or a
98	98	newspaper of general circulation in the county in which the
99	99	municipality is located; and
100	100	(2) [by] written notice, with a copy of Subsection (c)
101	101	attached, forwarded by the municipal authority responsible for
102	102	approving plats to the owners of lots that are in the original
103	103	subdivision and that are within 200 feet of the lots to be
104	104	replatted, as indicated on the most recently approved municipal tax
105	105	roll [or in the case of a subdivision within the extraterritorial
106	106	jurisdiction, the most recently approved county tax roll of the
107	107	property upon which the replat is requested]. The written notice
108	108	may be delivered by depositing the notice, properly addressed with
109	109	postage prepaid, in a post office or postal depository within the
110	110	boundaries of the municipality.
111	111	SECTION 2.08. Section 212.0155(a), Local Government Code,
112	112	is amended to read as follows:
113	113	(a) This section applies to land located wholly or partly:
114	114	(1) in the corporate boundaries of a municipality if
115	115	the municipality:
116	116	(A) has a population of more than 50,000; and
117	117	(B) is located wholly or partly in:
118	118	(i) a county with a population of more than
119	119	three million;
120	120	(ii) a county with a population of more than
121	121	400,000 that is adjacent to a county with a population of more than
122	122	three million; or
123	123	(iii) a county with a population of more
124	124	than 1.4 million:
125	125	(a) in which two or more
126	126	municipalities with a population of 300,000 or more are primarily
127	127	located; and
128	128	(b) that is adjacent to a county with
129	129	a population of more than two million; or
130	130	(2) in the corporate boundaries [or extraterritorial
131	131	jurisdiction] of a municipality with a population of 1.9 million or
132	132	more.
133	133	SECTION 2.09. Section 212.044, Local Government Code, is
134	134	amended to read as follows:
135	135	Sec. 212.044. PLANS, RULES, AND ORDINANCES. After a public
136	136	hearing on the matter, the municipality may adopt general plans,
137	137	rules, or ordinances governing development plats of land within the
138	138	limits [and in the extraterritorial jurisdiction] of the
139	139	municipality to promote the health, safety, morals, or general
140	140	welfare of the municipality and the safe, orderly, and healthful
141	141	development of the municipality.
142	142	SECTION 2.10. Section 212.045(a), Local Government Code, is
143	143	amended to read as follows:
144	144	(a) Any person who proposes the development of a tract of
145	145	land located within the limits [or in the extraterritorial
146	146	jurisdiction] of the municipality must have a development plat of
147	147	the tract prepared in accordance with this subchapter and the
148	148	applicable plans, rules, or ordinances of the municipality.
149	149	SECTION 2.11. Section 212.047, Local Government Code, is
150	150	amended to read as follows:
151	151	Sec. 212.047. APPROVAL OF DEVELOPMENT PLAT. The
152	152	municipality shall endorse approval on a development plat filed
153	153	with it if the plat conforms to:
154	154	(1) the general plans, rules, and ordinances of the
155	155	municipality concerning its current and future streets, sidewalks,
156	156	alleys, parks, playgrounds, and public utility facilities;
157	157	(2) the general plans, rules, and ordinances for the
158	158	extension of the municipality or the extension, improvement, or
159	159	widening of its roads, streets, and public highways within the
160	160	municipality [and in its extraterritorial jurisdiction], taking
161	161	into account access to and extension of sewer and water mains and
162	162	the instrumentalities of public utilities; and
163	163	(3) any general plans, rules, or ordinances adopted
164	164	under Section 212.044.
165	165	SECTION 2.12. Section 212.102(1), Local Government Code, is
166	166	amended to read as follows:
167	167	(1) "Affected area" means an area that is:
168	168	(A) in a municipality [or a municipality's
169	169	extraterritorial jurisdiction];
170	170	(B) in a county other than the county in which a
171	171	majority of the territory of the municipality is located;
172	172	(C) within the boundaries of one or more school
173	173	districts other than the school district in which a majority of the
174	174	territory of the municipality is located; and
175	175	(D) within the area of or within 1,500 feet of the
176	176	boundary of an assessment road district in which there are two state
177	177	highways.
178	178	SECTION 2.13. Section 214.904(a), Local Government Code, is
179	179	amended to read as follows:
180	180	(a) This section applies only to a permit required by a
181	181	municipality to erect or improve a building or other structure in
182	182	the municipality [or its extraterritorial jurisdiction].
183	183	SECTION 2.14. Section 216.003(a), Local Government Code, is
184	184	amended to read as follows:
185	185	(a) Subject to the requirements of this subchapter, a
186	186	municipality may require the relocation, reconstruction, or
187	187	removal of any sign within its corporate limits [or
188	188	extraterritorial jurisdiction].
189	189	SECTION 2.15. Section 216.004(a), Local Government Code, is
190	190	amended to read as follows:
191	191	(a) If a municipality requires the relocation,
192	192	reconstruction, or removal of a sign within its corporate limits
193	193	[or extraterritorial jurisdiction], the presiding officer of the
194	194	governing body of the municipality shall appoint a municipal board
195	195	on sign control. The board must be composed of:
196	196	(1) two real estate appraisers, each of whom must be a
197	197	member in good standing of a nationally recognized professional
198	198	appraiser society or trade organization that has an established
199	199	code of ethics, educational program, and professional
200	200	certification program;
201	201	(2) one person engaged in the sign business in the
202	202	municipality;
203	203	(3) one employee of the Texas Department of
204	204	Transportation who is familiar with real estate valuations in
205	205	eminent domain proceedings; and
206	206	(4) one architect or landscape architect licensed by
207	207	this state.
208	208	SECTION 2.16. Section 229.002, Local Government Code, is
209	209	amended to read as follows:
210	210	Sec. 229.002. REGULATION OF DISCHARGE OF WEAPON. A
211	211	municipality may not apply a regulation relating to the discharge
212	212	of firearms or other weapons [in the extraterritorial jurisdiction
213	213	of the municipality or] in an area annexed by the municipality after
214	214	September 1, 1981, if the firearm or other weapon is:
215	215	(1) a shotgun, air rifle or pistol, BB gun, or bow and
216	216	arrow discharged:
217	217	(A) on a tract of land of 10 acres or more and
218	218	more than 150 feet from a residence or occupied building located on
219	219	another property; and
220	220	(B) in a manner not reasonably expected to cause
221	221	a projectile to cross the boundary of the tract; or
222	222	(2) a center fire or rim fire rifle or pistol of any
223	223	caliber discharged:
224	224	(A) on a tract of land of 50 acres or more and
225	225	more than 300 feet from a residence or occupied building located on
226	226	another property; and
227	227	(B) in a manner not reasonably expected to cause
228	228	a projectile to cross the boundary of the tract.
229	229	SECTION 2.17. Section 229.003(b), Local Government Code, is
230	230	amended to read as follows:
231	231	(b) Notwithstanding Section 229.002, a municipality may not
232	232	apply a regulation relating to the discharge of firearms or other
233	233	weapons [in the extraterritorial jurisdiction of the municipality
234	234	or] in an area annexed by the municipality after September 1, 1981,
235	235	if the firearm or other weapon is:
236	236	(1) a shotgun, air rifle or pistol, BB gun, or bow and
237	237	arrow discharged:
238	238	(A) on a tract of land of 10 acres or more and:
239	239	(i) more than 1,000 feet from:
240	240	(a) the property line of a public
241	241	tract of land, generally accessible by the public, that is
242	242	routinely used for organized sporting or recreational activities or
243	243	that has permanent recreational facilities or equipment; and
244	244	(b) the property line of a school,
245	245	hospital, or commercial day-care facility;
246	246	(ii) more than 600 feet from:
247	247	(a) the property line of a residential
248	248	subdivision; and
249	249	(b) the property line of a multifamily
250	250	residential complex; and
251	251	(iii) more than 150 feet from a residence or
252	252	occupied building located on another property; and
253	253	(B) in a manner not reasonably expected to cause
254	254	a projectile to cross the boundary of the tract;
255	255	(2) a center fire or rim fire rifle or pistol of any
256	256	caliber discharged:
257	257	(A) on a tract of land of 50 acres or more and:
258	258	(i) more than 1,000 feet from:
259	259	(a) the property line of a public
260	260	tract of land, generally accessible by the public, that is
261	261	routinely used for organized sporting or recreational activities or
262	262	that has permanent recreational facilities or equipment; and
263	263	(b) the property line of a school,
264	264	hospital, or commercial day-care facility;
265	265	(ii) more than 600 feet from:
266	266	(a) the property line of a residential
267	267	subdivision; and
268	268	(b) the property line of a multifamily
269	269	residential complex; and
270	270	(iii) more than 300 feet from a residence or
271	271	occupied building located on another property; and
272	272	(B) in a manner not reasonably expected to cause
273	273	a projectile to cross the boundary of the tract; or
274	274	(3) discharged at a sport shooting range, as defined
275	275	by Section 250.001, in a manner not reasonably expected to cause a
276	276	projectile to cross the boundary of a tract of land.
277	277	SECTION 2.18. Section 229.004(b), Local Government Code, is
278	278	amended to read as follows:
279	279	(b) Notwithstanding Section 229.002, a municipality may not
280	280	apply a regulation relating to the discharge of firearms or other
281	281	weapons [in the extraterritorial jurisdiction of the municipality
282	282	or] in an area annexed by the municipality on or before September 1,
283	283	1981, if the firearm or other weapon is:
284	284	(1) a shotgun, air rifle or pistol, BB gun, or bow and
285	285	arrow discharged:
286	286	(A) on a tract of land of 100 acres or more and
287	287	more than 150 feet from a residence or occupied building located on
288	288	another property; and
289	289	(B) in a manner not reasonably expected to cause
290	290	a projectile to cross the boundary of the tract; or
291	291	(2) a center fire or rim fire rifle or pistol of any
292	292	caliber discharged:
293	293	(A) on a tract of land of 100 acres or more and
294	294	more than 300 feet from a residence or occupied building located on
295	295	another property; and
296	296	(B) in a manner not reasonably expected to cause
297	297	a projectile to cross the boundary of the tract.
298	298	SECTION 2.19. Section 232.006(b), Local Government Code, is
299	299	amended to read as follows:
300	300	(b) If a county elects to operate under this section,
301	301	Section 232.005 does not apply to the county. The sections of this
302	302	chapter preceding Section 232.005 do apply to the county in the same
303	303	manner that they apply to other counties except that:
304	304	(1) they apply only to tracts of land located outside
305	305	municipalities [and the extraterritorial jurisdiction of
306	306	municipalities, as determined under Chapter 42];
307	307	(2) the commissioners court of the county, instead of
308	308	having the powers granted by Sections 232.003(2) and (3), may:
309	309	(A) require a right-of-way on a street or road
310	310	that does not function as a main artery in the subdivision of not
311	311	less than 40 feet or more than 50 feet; and
312	312	(B) require that the street cut on a main artery
313	313	within the right-of-way be not less than 30 feet or more than 45
314	314	feet, and that the street cut on any other street or road within the
315	315	right-of-way be not less than 25 feet or more than 35 feet; and
316	316	(3) Section 232.004(5)(B) does not apply to the
317	317	county.
318	318	SECTION 2.20. Section 232.008(a), Local Government Code, is
319	319	amended to read as follows:
320	320	(a) This section applies only to real property located
321	321	outside municipalities [and the extraterritorial jurisdiction of
322	322	municipalities, as determined under Chapter 42].
323	323	SECTION 2.21. Section 232.0085(a), Local Government Code,
324	324	is amended to read as follows:
325	325	(a) This section applies only to real property that[:
326	326	[(1)] is located in the unincorporated area of an
327	327	affected county, as defined by Section 16.341, Water Code, that:
328	328	(1) [(A)] has adopted the model rules developed under
329	329	Section 16.343, Water Code; and
330	330	(2) [(B)] is located along an international border[;
331	331	and
332	332	[(2) if the area is located in the extraterritorial
333	333	jurisdiction of a municipality, is not subject to a written
334	334	agreement under Section 242.001 that authorizes the municipality to
335	335	regulate subdivision plats and approve related permits in the
336	336	extraterritorial jurisdiction].
337	337	SECTION 2.22. Section 232.009(a), Local Government Code, is
338	338	amended to read as follows:
339	339	(a) This section applies only to real property located
340	340	outside municipalities [and the extraterritorial jurisdiction of
341	341	municipalities with a population of 1.5 million or more, as
342	342	determined under Chapter 42].
343	343	SECTION 2.23. Section 232.0095(a), Local Government Code,
344	344	is amended to read as follows:
345	345	(a) This section applies only to real property located
346	346	outside municipalities [and outside the extraterritorial
347	347	jurisdiction, as determined under Chapter 42, of municipalities
348	348	with a population of 1.5 million or more].
349	349	SECTION 2.24. Section 232.022(c), Local Government Code, is
350	350	amended to read as follows:
351	351	(c) For [Except as provided by Subsection (c-1), for]
352	352	purposes of this section, land is considered to be in the
353	353	jurisdiction of a county if the land is located in the county and
354	354	outside the corporate limits of municipalities.
355	355	SECTION 2.25. Section 232.028(g), Local Government Code, is
356	356	amended to read as follows:
357	357	(g) The commissioners court may impose a fee for a
358	358	certificate issued under this section for a subdivision which is
359	359	located in the county and not within the limits of a municipality.
360	360	The amount of the fee is [may be the greater of] $30 [or the amount
361	361	of the fee imposed by the municipality for a subdivision that is
362	362	located entirely in the extraterritorial jurisdiction of the
363	363	municipality for a certificate issued under Section 212.0115]. [A
364	364	person who obtains a certificate under this section is not required
365	365	to obtain a certificate under Section 212.0115.]
366	366	SECTION 2.26. Section 232.029(p), Local Government Code, is
367	367	amended to read as follows:
368	368	(p) The commissioners court may impose a fee for a
369	369	certificate issued under this section for a subdivision which is
370	370	located in the county and not within the limits of a municipality.
371	371	The amount of the fee is [may be the greater of] $30 [or the amount
372	372	of the fee imposed by the municipality for a subdivision that is
373	373	located entirely in the extraterritorial jurisdiction of the
374	374	municipality for a certificate issued under Section 212.0115]. [A
375	375	person who obtains a certificate under this section is not required
376	376	to obtain a certificate under Section 212.0115.]
377	377	SECTION 2.27. Section 351.143(a), Local Government Code, is
378	378	amended to read as follows:
379	379	(a) Before a jail facility is conveyed to a receiving
380	380	county, the district may make changes in or additions to the
381	381	facility if the board determines that the changes or additions are
382	382	necessary to:
383	383	(1) comply with the requirements of that county and,
384	384	if the facility is located within the jurisdiction of a
385	385	municipality, comply with the requirements of the municipality in
386	386	whose limits [or extraterritorial jurisdiction] the facility is
387	387	located; or
388	388	(2) adjust to circumstances or requirements that did
389	389	not exist at the time the original plans for the facility were
390	390	approved by the board.
391	391	SECTION 2.28. Sections 372.003(a) and (d), Local Government
392	392	Code, are amended to read as follows:
393	393	(a) If the governing body of a municipality or county finds
394	394	that it promotes the interests of the municipality or county, the
395	395	governing body may undertake an improvement project that confers a
396	396	special benefit on a definable part of the municipality or county
397	397	[or the municipality's extraterritorial jurisdiction]. The
398	398	commissioners court of a county may undertake a project on a
399	399	definable part of a municipality's extraterritorial jurisdiction
400	400	that is located in the county. A project may be undertaken in the
401	401	municipality or county or the municipality's extraterritorial
402	402	jurisdiction.
403	403	(d) A county may establish a public improvement district
404	404	unless within 30 days of a county's action to approve such a
405	405	district, a home rule municipality objects to its establishment
406	406	within the municipality's corporate limits [or extraterritorial
407	407	jurisdiction].
408	408	SECTION 2.29. Sections 375.0922(a) and (b), Local
409	409	Government Code, are amended to read as follows:
410	410	(a) A road project must meet all applicable construction
411	411	standards, zoning and subdivision requirements, and regulations of
412	412	each municipality in whose corporate limits [or extraterritorial
413	413	jurisdiction] the road project is located.
414	414	(b) If a road project is not located in the corporate limits
415	415	[or extraterritorial jurisdiction] of a municipality, the road
416	416	project must meet all applicable construction standards,
417	417	subdivision requirements, and regulations of each county in which
418	418	the road project is located.
419	419	SECTION 2.30. Section 375.304(a), Local Government Code, is
420	420	amended to read as follows:
421	421	(a) The governing body of a municipality by resolution or
422	422	ordinance may create an authority in an area that is:
423	423	(1) in the same county as a military installation or
424	424	facility that is:
425	425	(A) closed or realigned under the Defense Base
426	426	Closure and Realignment Act of 1990 (10 U.S.C. Section 2687 note)
427	427	and its subsequent amendments; or
428	428	(B) a base efficiency project as defined by
429	429	Section 379B.001; and
430	430	(2) in an area that has been annexed [or disannexed]
431	431	for full or limited purposes under Subchapter F, Chapter 43, by a
432	432	municipality with a population of at least 1.1 million [or is in the
433	433	extraterritorial jurisdiction of a municipality with a population
434	434	of at least 1.1 million and that has been annexed for limited
435	435	purposes by the municipality under Subchapter F, Chapter 43].
436	436	SECTION 2.31. Section 377.002, Local Government Code, is
437	437	amended to read as follows:
438	438	Sec. 377.002. SCOPE. [(a)] A municipality may create a
439	439	district as provided in this chapter in[:
440	440	[(1)] all or part of the boundaries of the
441	441	municipality[;
442	442	[(2) all or part of the boundaries of the municipality
443	443	and all or part of the boundaries of the municipality's
444	444	extraterritorial jurisdiction; or
445	445	[(3) all or part of the municipality's
446	446	extraterritorial jurisdiction].
447	447	[(b) The municipality may include territory outside of the
448	448	municipality only to the extent that territory is in the
449	449	municipality's extraterritorial jurisdiction.]
450	450	SECTION 2.32. Section 377.021(g), Local Government Code, is
451	451	amended to read as follows:
452	452	(g) In the order calling the election, the municipality may
453	453	provide for the district boundaries to conform automatically to any
454	454	changes in the boundaries of the portion of the municipality [or the
455	455	municipality's extraterritorial jurisdiction] included in the
456	456	district, and the election shall be held on one of the four uniform
457	457	election dates under Section 41.001, Election Code.
458	458	SECTION 2.33. Section 377.051(d), Local Government Code, is
459	459	amended to read as follows:
460	460	(d) To qualify to serve as a director, a person must reside
461	461	in the municipality that created the district [or in that
462	462	municipality's extraterritorial jurisdiction]. An employee,
463	463	officer, or member of the governing body of the municipality may
464	464	serve as a director, but may not have a personal interest in a
465	465	contract executed by the district other than as an employee,
466	466	officer, or member of the governing body of the municipality.
467	467	SECTION 2.34. Sections 377.072(c) and (d), Local Government
468	468	Code, are amended to read as follows:
469	469	(c) Except as provided by Subsections (d) and (e), the
470	470	district may use money in the development project fund only to:
471	471	(1) pay the costs of planning, acquiring,
472	472	establishing, developing, constructing, or renovating one or more
473	473	development projects located[:
474	474	[(A)] in the district; [or
475	475	[(B) outside the district, if:
476	476	[(i) the project is located in the
477	477	extraterritorial jurisdiction of the municipality that created the
478	478	district;
479	479	[(ii) the board determines that the
480	480	development project will provide an economic benefit to the
481	481	district; and
482	482	[(iii) the following entities, as
483	483	applicable, by resolution approve the development project:
484	484	[(a) the municipality that created
485	485	the district; and
486	486	[(b) each municipality in whose
487	487	corporate limits or extraterritorial jurisdiction the project is
488	488	located;]
489	489	(2) pay the principal of, interest on, and other costs
490	490	relating to bonds or other obligations issued by the district or to
491	491	refund bonds or other obligations; or
492	492	(3) pay the costs of operating or maintaining one or
493	493	more development projects during the planning, acquisition,
494	494	establishment, development, construction, or renovation or while
495	495	bonds or other obligations for the planning, acquisition,
496	496	establishment, development, construction, or renovation are
497	497	outstanding.
498	498	(d) A district located in a county with a population of 3.3
499	499	million or more may use money in the development project fund only
500	500	to:
501	501	(1) pay the costs of planning, acquiring,
502	502	establishing, developing, constructing, or renovating one or more
503	503	development projects beneficial to the district if the projects are
504	504	in the district boundaries [or the extraterritorial jurisdiction]
505	505	of the municipality where the district is located;
506	506	(2) pay the principal of, interest on, and other costs
507	507	relating to bonds or other obligations issued by the district or to
508	508	refund bonds or other obligations; or
509	509	(3) pay the costs of operating or maintaining one or
510	510	more development projects during the planning, acquisition,
511	511	establishment, development, construction, or renovation or while
512	512	bonds or other obligations for the planning, acquisition,
513	513	establishment, development, construction, or renovation are
514	514	outstanding.
515	515	SECTION 2.35. Section 380.001(a), Local Government Code, is
516	516	amended to read as follows:
517	517	(a) The governing body of a municipality may establish and
518	518	provide for the administration of one or more programs, including
519	519	programs for making loans and grants of public money and providing
520	520	personnel and services of the municipality, to promote state or
521	521	local economic development and to stimulate business and commercial
522	522	activity in the municipality. For purposes of this subsection, a
523	523	municipality includes an area that[:
524	524	[(1)] has been annexed by the municipality for limited
525	525	purposes[; or
526	526	[(2) is in the extraterritorial jurisdiction of the
527	527	municipality].
528	528	SECTION 2.36. Section 382.109(b), Local Government Code, is
529	529	amended to read as follows:
530	530	(b) A road project must meet all applicable construction
531	531	standards, zoning and subdivision requirements, and regulatory
532	532	ordinances of each municipality in whose corporate limits [or
533	533	extraterritorial jurisdiction] the district is located. If the
534	534	district is located outside the corporate limits [extraterritorial
535	535	jurisdiction] of a municipality, a road project must meet all
536	536	applicable construction standards, zoning and subdivision
537	537	requirements, and regulatory ordinances of each county in which the
538	538	district is located.
539	539	SECTION 2.37. Section 382.113(c), Local Government Code, is
540	540	amended to read as follows:
541	541	(c) Before a district may adopt an order adding or excluding
542	542	land, the district must obtain the consent of[:
543	543	[(1)] the county that created the district by a
544	544	resolution of the county commissioners court[; and
545	545	[(2) a municipality in whose extraterritorial
546	546	jurisdiction the district is located by a resolution adopted by the
547	547	municipality's governing body].
548	548	SECTION 2.38. Section 395.001(9), Local Government Code, is
549	549	amended to read as follows:
550	550	(9) "Service area" means the area within the corporate
551	551	boundaries [or extraterritorial jurisdiction, as determined under
552	552	Chapter 42,] of the political subdivision to be served by the
553	553	capital improvements or facilities expansions specified in the
554	554	capital improvements plan, except roadway facilities and storm
555	555	water, drainage, and flood control facilities. The service area,
556	556	for the purposes of this chapter, may include all or part of the
557	557	land within the political subdivision [or its extraterritorial
558	558	jurisdiction], except for roadway facilities and storm water,
559	559	drainage, and flood control facilities. For roadway facilities,
560	560	the service area is limited to an area within the corporate
561	561	boundaries of the political subdivision and shall not exceed six
562	562	miles. For storm water, drainage, and flood control facilities, the
563	563	service area may include all or part of the land within the
564	564	political subdivision [or its extraterritorial jurisdiction], but
565	565	shall not exceed the area actually served by the storm water,
566	566	drainage, and flood control facilities designated in the capital
567	567	improvements plan and shall not extend across watershed boundaries.
568	568	SECTION 2.39. Section 395.011(b), Local Government Code, is
569	569	amended to read as follows:
570	570	(b) Political subdivisions may enact or impose impact fees
571	571	on land within their corporate boundaries [or extraterritorial
572	572	jurisdictions] only by complying with this chapter[, except that
573	573	impact fees may not be enacted or imposed in the extraterritorial
574	574	jurisdiction for roadway facilities].
575	575	SECTION 2.40. Section 395.058(b), Local Government Code, is
576	576	amended to read as follows:
577	577	(b) The advisory committee is composed of not less than five
578	578	members who shall be appointed by a majority vote of the governing
579	579	body of the political subdivision. Not less than 40 percent of the
580	580	membership of the advisory committee must be representatives of the
581	581	real estate, development, or building industries who are not
582	582	employees or officials of a political subdivision or governmental
583	583	entity. If the political subdivision has a planning and zoning
584	584	commission, the commission may act as the advisory committee if the
585	585	commission includes at least one representative of the real estate,
586	586	development, or building industry who is not an employee or
587	587	official of a political subdivision or governmental entity. If no
588	588	such representative is a member of the planning and zoning
589	589	commission, the commission may still act as the advisory committee
590	590	if at least one such representative is appointed by the political
591	591	subdivision as an ad hoc voting member of the planning and zoning
592	592	commission when it acts as the advisory committee. [If the impact
593	593	fee is to be applied in the extraterritorial jurisdiction of the
594	594	political subdivision, the membership must include a
595	595	representative from that area.]
596	596	SECTION 2.41. Section 397A.057, Local Government Code, is
597	597	amended to read as follows:
598	598	Sec. 397A.057. COORDINATION WITH OTHER PLANS AND
599	599	STUDIES. The compatible development standards and regulations
600	600	adopted under this subchapter must be coordinated with:
601	601	(1) the county plan for growth and development of the
602	602	participating county or a county located in the regional military
603	603	sustainability commission's territory; and
604	604	(2) [the comprehensive plan of the participating
605	605	municipality; and
606	606	[(3)] the most recent Joint Land Use Study, if the
607	607	commission makes a finding that the conclusions of the study
608	608	accurately reflect circumstances in the territory.
609	609	SECTION 2.42. Section 397A.107, Local Government Code, is
610	610	amended to read as follows:
611	611	Sec. 397A.107. COORDINATION WITH OTHER PLANS AND
612	612	STUDIES. The compatible development standards and regulations
613	613	adopted under this subchapter must be coordinated with:
614	614	(1) the county plan for growth and development of the
615	615	participating county or a county located in the regional military
616	616	sustainability commission's territory; and
617	617	(2) [the comprehensive plan of the participating
618	618	municipality; and
619	619	[(3)] the most recent Joint Land Use Study, if the
620	620	commission makes a finding that the conclusions of the study
621	621	accurately reflect circumstances in the territory.
622	622	SECTION 2.43. Section 507.103(b), Local Government Code, is
623	623	amended to read as follows:
624	624	(b) Before exercising the power of eminent domain under this
625	625	chapter, a spaceport development corporation must obtain a
626	626	resolution approving the proposed condemnation from the governing
627	627	body of a county or municipality in which the property is located.
628	628	[For purposes of this chapter, territory in the extraterritorial
629	629	jurisdiction of a municipality is considered to be in the
630	630	jurisdiction of the municipality.]
631	631	SECTION 2.44. Section 551.006(a), Local Government Code, is
632	632	amended to read as follows:
633	633	(a) A municipality with a population of 20,000 or more by
634	634	ordinance shall require an installer of an irrigation system:
635	635	(1) to hold a license issued under Section 1903.251,
636	636	Occupations Code; and
637	637	(2) to obtain a permit before installing a system
638	638	within the territorial limits [or extraterritorial jurisdiction]
639	639	of the municipality.
640	640	SECTION 2.45. Section 551.007, Local Government Code, is
641	641	amended to read as follows:
642	642	Sec. 551.007. WATER CONSERVATION BY HOME-RULE
643	643	MUNICIPALITY. A home-rule municipality may adopt and enforce
644	644	ordinances requiring water conservation in the municipality [and by
645	645	customers of the municipality's municipally owned water and sewer
646	646	utility in the extraterritorial jurisdiction of the municipality].
647	647	SECTION 2.46. Section 552.044(8), Local Government Code, is
648	648	amended to read as follows:
649	649	(8) "Service area" means the municipal boundaries and
650	650	any other land areas outside the municipal boundaries which, as a
651	651	result of topography or hydraulics, contribute overland flow into
652	652	the watersheds served by the drainage system of a municipality;
653	653	provided, however, that [in no event may] a service area may not
654	654	extend farther than the municipal boundaries [of a municipality's
655	655	current extraterritorial jurisdiction], and [nor], except as
656	656	provided by Section 552.0451, [may] a service area of one
657	657	municipality may not extend into the boundaries of another
658	658	municipality. The service area is to be established in the
659	659	ordinance establishing the drainage utility. [Provided, that no
660	660	municipality shall extend a service area outside of its municipal
661	661	boundaries except:
662	662	[(A) a municipality of more than 500,000
663	663	population located within 50 miles of an international border;
664	664	[(B) a municipality all or part of which is
665	665	located over or within the Edwards Aquifer recharge zone or the
666	666	Edwards Aquifer transition zone, as designated by the Texas Natural
667	667	Resource Conservation Commission; or
668	668	[(C) as provided by Section 552.0451.]
669	669	SECTION 2.47. Section 552.045(e), Local Government Code, is
670	670	amended to read as follows:
671	671	(e) The municipality by ordinance may adopt and enforce
672	672	rules as it considers appropriate to operate the drainage utility
673	673	system. [Provided, however, that the prohibitions contained in
674	674	Section 212.003(a) of the Local Government Code relating to
675	675	quasi-zoning and other land use regulations in the extraterritorial
676	676	jurisdiction of a municipality shall apply to any rule or ordinance
677	677	adopted or enacted by the municipality under this Act, except that
678	678	rates may be established using impervious cover measurements
679	679	relating to land use and building size.]
680	680	SECTION 2.48. Section 552.0451(a), Local Government Code,
681	681	is amended to read as follows:
682	682	(a) A municipality with a population of more than 900,000
683	683	located in one or more counties with a population of less than 1.5
684	684	million as of the 1990 federal census may extend its service area[:
685	685	[(1)] into the boundaries of another municipality if:
686	686	(1) [(A)] before the extension water from the
687	687	municipality to which the service area is to be extended regularly
688	688	drains into the drainage system of the municipality extending its
689	689	service area; and
690	690	(2) [(B)] the extension is provided for by an
691	691	interlocal agreement between the municipalities[; or
692	692	[(2) beyond its municipal boundaries into an
693	693	unincorporated area of its extraterritorial jurisdiction if:
694	694	[(A) before the extension water from the area to
695	695	which the service area is to be extended regularly drains into the
696	696	drainage system of the municipality extending its service area; and
697	697	[(B) the extension is provided for by an
698	698	interlocal agreement between the municipality extending its
699	699	service area and the county containing the area to which the service
700	700	area is to be extended].
701	701	SECTION 2.49. Section 552.907(a), Local Government Code, is
702	702	amended to read as follows:
703	703	(a) This section applies only to territory located in a
704	704	municipality [or in the extraterritorial jurisdiction of a
705	705	municipality] and located over the recharge zone of an aquifer that
706	706	provides all or part of the water supply of the municipality.
707	707	ARTICLE 3. REPEALER CONFORMING AMENDMENTS
708	708	SECTION 3.01. Section 43.052(f-1), Local Government Code,
709	709	is amended to read as follows:
710	710	(f-1) In addition to the notice provided under Subsection
711	711	(f), a home-rule municipality, before the 90th day after the date
712	712	the municipality adopts or amends an annexation plan under this
713	713	section, shall give written notice as provided by this subsection
714	714	to each property owner in any area that would be newly included in
715	715	the municipality's extraterritorial jurisdiction as a result of the
716	716	proposed annexation. For purposes of this subsection, a property
717	717	owner is the owner as indicated by the appraisal records furnished
718	718	by the appraisal district for each county in which the area that
719	719	would be newly included in the municipality's extraterritorial
720	720	jurisdiction is located. The notice must include:
721	721	(1) a description of the area that has been included in
722	722	the municipality's annexation plan;
723	723	(2) a statement that the completed annexation of that
724	724	area will expand the municipality's extraterritorial jurisdiction
725	725	to include all or part of the property owner's property; and
726	726	(3) a statement of the purpose of extraterritorial
727	727	jurisdiction designation as provided by Section 42.001[; and
728	728	[(4) a brief description of each municipal ordinance
729	729	that would be applicable, as authorized by Section 212.003, in the
730	730	area that would be newly included in the municipality's
731	731	extraterritorial jurisdiction].
732	732	SECTION 3.02. Section 43.0561(e), Local Government Code, is
733	733	amended to read as follows:
734	734	(e) This subsection applies only to a home-rule
735	735	municipality. If applicable, the notice for each hearing must
736	736	include:
737	737	(1) a statement that the completed annexation of the
738	738	area will expand the municipality's extraterritorial jurisdiction;
739	739	(2) a description of the area that would be newly
740	740	included in the municipality's extraterritorial jurisdiction; and
741	741	(3) a statement of the purpose of extraterritorial
742	742	jurisdiction designation as provided by Section 42.001[; and
743	743	[(4) a brief description of each municipal ordinance
744	744	that would be applicable, as authorized by Section 212.003, in the
745	745	area that would be newly included in the municipality's
746	746	extraterritorial jurisdiction].
747	747	SECTION 3.03. Section 43.063(e), Local Government Code, is
748	748	amended to read as follows:
749	749	(e) This subsection applies only to a home-rule
750	750	municipality. If applicable, the notice for each hearing must
751	751	include:
752	752	(1) a statement that the completed annexation of the
753	753	area will expand the municipality's extraterritorial jurisdiction;
754	754	(2) a description of the area that would be newly
755	755	included in the municipality's extraterritorial jurisdiction; and
756	756	(3) a statement of the purpose of extraterritorial
757	757	jurisdiction designation as provided by Section 42.001[; and
758	758	[(4) a brief description of each municipal ordinance
759	759	that would be applicable, as authorized by Section 212.003, in the
760	760	area that would be newly included in the municipality's
761	761	extraterritorial jurisdiction].
762	762	SECTION 3.04. Section 212.0085, Local Government Code, is
763	763	amended to read as follows:
764	764	Sec. 212.0085. APPROVAL PROCEDURE: APPLICABILITY. The
765	765	approval procedures under this subchapter apply to a municipality
766	766	regardless of whether the municipality has entered into an
767	767	interlocal agreement[, including an interlocal agreement between a
768	768	municipality and county under Section 242.001(d)].
769	769	SECTION 3.05. Section 212.904(a), Local Government Code, is
770	770	amended to read as follows:
771	771	(a) If a municipality requires[, including under an
772	772	agreement under Chapter 242,] as a condition of approval for a
773	773	property development project that the developer bear a portion of
774	774	the costs of municipal infrastructure improvements by the making of
775	775	dedications, the payment of fees, or the payment of construction
776	776	costs, the developer's portion of the costs may not exceed the
777	777	amount required for infrastructure improvements that are roughly
778	778	proportionate to the proposed development as approved by a
779	779	professional engineer who holds a license issued under Chapter
780	780	1001, Occupations Code, and is retained by the municipality. The
781	781	municipality's determination shall be completed within thirty days
782	782	following the submission of the developer's application for
783	783	determination under this subsection.
784	784	SECTION 3.06. Section 216.015(a), Local Government Code, is
785	785	amended to read as follows:
786	786	(a) The legislature declares that it would not have enacted
787	787	the following without the inclusion of Section 216.010(a), to the
788	788	extent that provision excludes methods of compensation not
789	789	specifically authorized by that provision:
790	790	(1) this subchapter;
791	791	(2) [Section 216.902;
792	792	[(3)] Article 2, Chapter 221, Acts of the 69th
793	793	Legislature, Regular Session, 1985 (codified as Chapter 394,
794	794	Transportation Code); and
795	795	(3) [(4)] the amendments made to Section 3, Property
796	796	Redevelopment and Tax Abatement Act (codified as Chapter 312, Tax
797	797	Code) by Article 4, Chapter 221, Acts of the 69th Legislature,
798	798	Regular Session, 1985.
799	799	SECTION 3.07. Section 232.0015(b), Local Government Code,
800	800	is amended to read as follows:
801	801	(b) This [Except as provided by Section 232.0013, this]
802	802	subchapter does not apply to a subdivision of land to which
803	803	Subchapter B applies.
804	804	SECTION 3.08. Section 232.0023, Local Government Code, is
805	805	amended to read as follows:
806	806	Sec. 232.0023. APPROVAL PROCEDURE: APPLICABILITY. The plat
807	807	application approval procedures under this subchapter apply to a
808	808	county regardless of whether the county has entered into an
809	809	interlocal agreement[, including an interlocal agreement between a
810	810	municipality and county under Section 242.001(d)].
811	811	SECTION 3.09. Section 232.110(a), Local Government Code, is
812	812	amended to read as follows:
813	813	(a) If, under any authority expressly authorized by this
814	814	chapter, a county requires, [including under an agreement under
815	815	Chapter 242,] as a condition of approval for a property development
816	816	project that the developer bear a portion of the costs of county
817	817	infrastructure improvements by the making of dedications, the
818	818	payment of fees, or the payment of construction costs, the
819	819	developer's portion of the costs may not exceed the amount required
820	820	for infrastructure improvements that are roughly proportionate to
821	821	the proposed development as approved by a professional engineer who
822	822	holds a license issued under Chapter 1001, Occupations Code, and is
823	823	retained by the county. The county's determination shall be
824	824	completed within thirty days following the submission of the
825	825	developer's application for determination under this subsection.
826	826	SECTION 3.10. Section 8230.005, Special District Local Laws
827	827	Code, is amended to read as follows:
828	828	Sec. 8230.005. CERTAIN LAWS INAPPLICABLE TO CREATION OF
829	829	DISTRICT. The district was created notwithstanding any provision
830	830	of [Section 212.003, Local Government Code,] Chapter 42 or 43,
831	831	Local Government Code, or Section 54.016, Water Code, and to the
832	832	extent of the creation of the district only, those provisions shall
833	833	have no application.
834	834	SECTION 3.11. Section 16.343(f), Water Code, is amended to
835	835	read as follows:
836	836	(f) The model rules may impose a platting or replatting
837	837	requirement pursuant to Subsection (b)(2), (c)(2), or (d). A
838	838	[Except as may be required by an agreement developed under Chapter
839	839	242, Local Government Code, a] municipality that has adopted the
840	840	model rules may impose the applicable platting requirements of
841	841	Chapter 212, Local Government Code, and a county that has adopted
842	842	the model rules may impose the applicable platting requirements of
843	843	Chapter 232, Local Government Code, to real property that is
844	844	required to be platted or replatted by the model rules under this
845	845	section.
846	846	ARTICLE 4. REPEALER
847	847	SECTION 4.01. The following provisions of the Local
848	848	Government Code are repealed:
849	849	(1) Section 42.904;
850	850	(2) Section 212.001(1);
851	851	(3) Section 212.0025;
852	852	(4) Section 212.003;
853	853	(5) Section 212.007;
854	854	(6) Sections 212.012(d), (e), and (f);
855	855	(7) Section 216.0035;
856	856	(8) Section 216.902;
857	857	(9) Section 232.0013;
858	858	(10) Section 232.022(c-1);
859	859	(11) Section 233.031(b);
860	860	(12) Section 233.153(c);
861	861	(13) Chapter 242;
862	862	(14) Section 352.119(a);
863	863	(15) Section 382.001(a)(4);
864	864	(16) Section 386.002;
865	865	(17) Section 395.011(c);
866	866	(18) Section 399.007(c);
867	867	(19) Section 551.004;
868	868	(20) Section 551.005(b); and
869	869	(21) Section 562.012(d).
870	870	SECTION 4.02. The following provisions are repealed:
871	871	(1) Article 4.11(c), Code of Criminal Procedure;
872	872	(2) Section 26.045(f), Government Code;
873	873	(3) Section 27.031(c), Government Code; and
874	874	(4) Section 394.062(b), Transportation Code.
875	875	ARTICLE 5. EFFECTIVE DATE
876	876	SECTION 5.01. This Act takes effect September 1, 2025.