SB2522 - Relating to certain powers, limitations, and duties of a municipality and county in the extraterritorial jurisdiction of the municipality and the unincorporated area of the county.

      By: Bettencourt  S.B. No. 2522          (In the Senate - Filed March 13, 2025; April 3, 2025, read   first time and referred to Committee on Local Government;   May 7, 2025, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 4, Nays 3; May 7, 2025, sent   to printer.)     COMMITTEE SUBSTITUTE FOR S.B. No. 2522 By:  Paxton     A BILL TO BE ENTITLED   AN ACT     relating to certain powers, limitations, and duties of a   municipality and county in the extraterritorial jurisdiction of the   municipality and the unincorporated area of the county.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 42, Local Government Code,   is amended by adding Section 42.1015 to read as follows:           Sec.   42.1015.     APPLICABILITY TO AREAS ANNEXED FOR LIMITED   PURPOSES. For purposes of this subchapter, an area annexed for   limited purposes is considered part of the extraterritorial   jurisdiction of the municipality that annexed the area for limited   purposes. A municipality shall disannex the area and release the   area from the municipality's extraterritorial jurisdiction in   accordance with the petition requirements of this subchapter.          SECTION 2.  Subchapter E, Chapter 42, Local Government Code,   is amended by adding Section 42.1515 to read as follows:           Sec.   42.1515.     APPLICABILITY TO AREAS ANNEXED FOR LIMITED   PURPOSES. For purposes of this subchapter, an area annexed for   limited purposes is considered part of the extraterritorial   jurisdiction of the municipality that annexed the area for limited   purposes. A municipality shall disannex the area and release the   area from the municipality's extraterritorial jurisdiction in   accordance with the election requirements of this subchapter.          SECTION 3.  Section 212.003(a), Local Government Code, is   amended to read as follows:          (a)   In  [ The governing body of a municipality by ordinance   may extend to the extraterritorial jurisdiction of the municipality   the application of municipal ordinances adopted under Section   212.002 and other municipal ordinances relating to access to public   roads or the pumping, extraction, and use of groundwater by persons   other than retail public utilities, as defined by Section 13.002,   Water Code, for the purpose of preventing the use or contact with   groundwater that presents an actual or potential threat to human   health. However, unless otherwise authorized by state law, in ] its   extraterritorial jurisdiction a municipality shall not regulate ,   either directly or indirectly :                (1)  the use of any building or property for business,   industrial, residential, or other purposes;                (2)  the bulk, height, or number of buildings   constructed on a particular tract of land;                (3)  the size of a building that can be constructed on a   particular tract of land, including without limitation any   restriction on the ratio of building floor space to the land square   footage;                (4)   the minimum size of a lot, dimensions of a lot,   minimum width of a lot frontage, minimum distance a lot must be set   back from a road or property line, or another component of lot   density on a particular tract of land;                 (5)   the number of residential units that can be built   per acre of land; or                 (6)  [ (5) ]  the size, type, or method of construction of   a water or wastewater facility that can be constructed to serve a   developed tract of land if[ :                      [ (A) ] the facility meets the minimum standards   established for water or wastewater facilities by state and federal   regulatory entities[ ; and                      [ (B) the developed tract of land is:                            [ (i)     located in a county with a population   of 2.8 million or more; and                            [ (ii) served by:                                  [ (a)     on-site septic systems   constructed before September 1, 2001, that fail to provide adequate   services; or                                  [ (b)     on-site water wells constructed   before September 1, 2001, that fail to provide an adequate supply of   safe drinking water ].          SECTION 4.  Sections 232.101(a) and (b), Local Government   Code, are amended to read as follows:          (a)  By an order adopted and entered in the minutes of the   commissioners court and after a notice is published in a newspaper   of general circulation in the county, the commissioners court may   adopt rules governing plats and subdivisions of land within the   unincorporated area of the county as authorized by this subchapter     [ to promote the health, safety, morals, or general welfare of the   county and the safe, orderly, and healthful development of the   unincorporated area of the county ].          (b)   A [ Unless otherwise authorized by state law, a ]   commissioners court shall not regulate , either directly or   indirectly [ under this section ]:                (1)  the use of any building or property for business,   industrial, residential, or other purposes;                (2)  the bulk, height, or number of buildings   constructed on a particular tract of land;                (3)  the size of a building that can be constructed on a   particular tract of land, including without limitation and   restriction on the ratio of building floor space to the land square   footage;                (4)   the minimum size of a lot, dimensions of a lot,   minimum width of a lot frontage, minimum distance a lot must be set   back from a road or property line, or another component of lot   density on a particular tract of land;                 (5)   the number of residential units that can be built   per acre of land;                 (6)  [ (5) ]  a plat or subdivision in an adjoining   county; or                 (7)  [ (6) ]  road access to a plat or subdivision in an   adjoining county.          SECTION 5.  Sections 232.103 and 232.104, Local Government   Code, are repealed.          SECTION 6.  The changes in law made by this Act to Chapters   212 and 232, Local Government Code, apply only to a plat application   filed on or after the effective date of this Act. A plat application   filed before the effective date of this Act is governed by the law   in effect on the date the application was filed, and the former law   is continued in effect for that purpose.          SECTION 7.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.     * * * * *