SB1509 - Relating to the authority of a municipality to regulate within its extraterritorial jurisdiction.

  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 ].         & [Text truncated for display. 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