Texas 2025 - 89th Regular

Texas Senate Bill SB2522 Compare Versions

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

Old	New	Differences
1	1	89R12666 DNC-F
2	2	By: Bettencourt S.B. No. 2522
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to municipal and county regulation of platting and
10	10	subdivisions of land.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 212.003(a), Local Government Code, is
13	13	amended to read as follows:
14	14	(a) In [The governing body of a municipality by ordinance
15	15	may extend to the extraterritorial jurisdiction of the municipality
16	16	the application of municipal ordinances adopted under Section
17	17	212.002 and other municipal ordinances relating to access to public
18	18	roads or the pumping, extraction, and use of groundwater by persons
19	19	other than retail public utilities, as defined by Section 13.002,
20	20	Water Code, for the purpose of preventing the use or contact with
21	21	groundwater that presents an actual or potential threat to human
22	22	health. However, unless otherwise authorized by state law, in] its
23	23	extraterritorial jurisdiction a municipality shall not regulate,
24	24	either directly or indirectly:
25	25	(1) the use of any building or property for business,
26	26	industrial, residential, or other purposes;
27	27	(2) the bulk, height, or number of buildings
28	28	constructed on a particular tract of land;
29	29	(3) the size of a building that can be constructed on a
30	30	particular tract of land, including without limitation any
31	31	restriction on the ratio of building floor space to the land square
32	32	footage;
33	33	(4) the minimum size of a lot, dimensions of a lot,
34	34	minimum width of a lot frontage, minimum distance a lot must be set
35	35	back from a road or property line, or another component of lot
36	36	density on a particular tract of land;
37	37	(5) the number of residential units that can be built
38	38	per acre of land; or
39	39	(6) [(5)] the size, type, or method of construction of
40	40	a water or wastewater facility that can be constructed to serve a
41	41	developed tract of land if[:
42	42	[(A)] the facility meets the minimum standards
43	43	established for water or wastewater facilities by state and federal
44	44	regulatory entities[; and
45	45	[(B) the developed tract of land is:
46	46	[(i) located in a county with a population
47	47	of 2.8 million or more; and
48	48	[(ii) served by:
49	49	[(a) on-site septic systems
50	50	constructed before September 1, 2001, that fail to provide adequate
51	51	services; or
52	52	[(b) on-site water wells constructed
53	53	before September 1, 2001, that fail to provide an adequate supply of
54	54	safe drinking water].
55	55	SECTION 2. Sections 232.101(a) and (b), Local Government
56	56	Code, are amended to read as follows:
57	57	(a) By an order adopted and entered in the minutes of the
58	58	commissioners court and after a notice is published in a newspaper
59	59	of general circulation in the county, the commissioners court may
60	60	adopt rules governing plats and subdivisions of land within the
61	61	unincorporated area of the county as authorized by this subchapter
62	62	[to promote the health, safety, morals, or general welfare of the
63	63	county and the safe, orderly, and healthful development of the
64	64	unincorporated area of the county].
65	65	(b) A [Unless otherwise authorized by state law, a]
66	66	commissioners court shall not regulate, either directly or
67	67	indirectly [under this section]:
68	68	(1) the use of any building or property for business,
69	69	industrial, residential, or other purposes;
70	70	(2) the bulk, height, or number of buildings
71	71	constructed on a particular tract of land;
72	72	(3) the size of a building that can be constructed on a
73	73	particular tract of land, including without limitation and
74	74	restriction on the ratio of building floor space to the land square
75	75	footage;
76	76	(4) the minimum size of a lot, dimensions of a lot,
77	77	minimum width of a lot frontage, minimum distance a lot must be set
78	78	back from a road or property line, or another component of lot
79	79	density on a particular tract of land;
80	80	(5) the number of residential units that can be built
81	81	per acre of land;
82	82	(6) [(5)] a plat or subdivision in an adjoining
83	83	county; or
84	84	(7) [(6)] road access to a plat or subdivision in an
85	85	adjoining county.
86	86	SECTION 3. Sections 232.103 and 232.104, Local Government
87	87	Code, are repealed.
88	88	SECTION 4. The changes in law made by this Act apply only to
89	89	a plat application filed on or after the effective date of this Act.
90	90	A plat application filed before the effective date of this Act is
91	91	governed by the law in effect on the date the application was filed,
92	92	and the former law is continued in effect for that purpose.
93	93	SECTION 5. This Act takes effect immediately if it receives
94	94	a vote of two-thirds of all the members elected to each house, as
95	95	provided by Section 39, Article III, Texas Constitution. If this
96	96	Act does not receive the vote necessary for immediate effect, this
97	97	Act takes effect September 1, 2025.