SB3015 - Relating to local government regulation.

      By: Creighton S.B. No. 3015               A BILL TO BE ENTITLED   AN ACT   relating to local government regulation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.          SECTION 1.01.  This Act shall be known as the Texas Home   Ownership and Market Efficiency Act or the Texas HOME Act.          SECTION 1.02.  The legislature finds that:                (1)  the state continues to attract employers and add   historic numbers of jobs;                (2)  home ownership is not just the American Dream, it   is the Texan Dream;                (3)  the state faces an availability and affordability   crisis;                (4)  more Texans than ever cannot afford to own a home   and live in the community of their choice, near their work;                (5)  unnecessary and burdensome local government   regulation is a major contributor to this affordability crisis;                (6)  burdensome local government regulation:                      (A)  slows or prevents a market demanded supply of   housing;                      (B)  retards economic growth;                      (C)  interferes with the orderly development of   quality public infrastructure;                      (D)  causes unnecessary and expensive delays on   business; and                      (E)  ultimately, makes housing less available and   affordable than it should and could be;                (7)  legislative session after legislative session,   the Texas Legislature passes laws to reign-in the over-regulation   of local government;                (8)  many local governments respond by continuing, and   even advancing, the level of regulation in contravention of state   law; and                (9)  the citizens of the state who bear the cost of   over-regulation do not have adequate means to protest   over-regulation and require compliance with state law.   ARTICLE 2. LOCAL GOVERNMENT REGULATION          SECTION 2.01.  Subchapter F, Chapter 43, Local Government   Code, is amended by adding Section 43.1215 to read as follows:           Sec.   43.1215.     EFFECT OF LIMITED PURPOSE ANNEXATION. After   annexation for limited purposes, the area remains in the   extraterritorial jurisdiction of the municipality.          SECTION 2.02.  Section 212.172, Local Government Code, is   amended by adding Subsection (l) to read as follows:           (l)     Any provision of a contract that provides for the full   purpose annexation of land into a municipality, whether conditional   or unconditional, without following the procedures of Chapter 43 is   void and unenforceable as against public policy.          SECTION 2.03.  Subchapter A, Chapter 232, Local Government   Code, is amended by adding Section 232.0014 to read as follows:           Sec.   232.0014.     CHAPTER-WIDE LIMITATION OF REGULATION.   Notwithstanding any other law, a commissioners court may not   regulate, either directly or indirectly, under this chapter the   size of a lot, dimensions of a lot, width of a lot frontage,   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.          SECTION 2.04.  Subchapter A, Chapter 232, Local Government   Code, is amended by amending Section 232.0031 and adding Section   232.00315 to read as follows:          Sec. 232.0031.  STANDARD FOR ROADS IN SUBDIVISION. (a) A   county may not impose under Section 232.003 a higher standard for   streets or roads in a subdivision than the county imposes on itself   for the construction of streets or roads with a similar type and   amount of traffic.           (b)     A county may not adopt or enforce an order, rule, or   other measure regulating the design or construction of a public   road or bridge that serves a developed tract of land if the order,   rule, or other measure conflicts with or is more stringent than a   design or construction standard adopted by the Texas Transportation   Commission.           (c)     Notwithstanding any other law, the commissioners court   of a county may not adopt or enforce an order, rule, or other   measure that regulates the construction and maintenance of a public   road that is not or will not be maintained by the county.           Sec.   232.00315.     ROAD MAINTENANCE. A county may not impose a   requirement, including a provision in a development agreement or   plat notation, that an applicant or third party other than the   county or the applicant agree to maintain a public road as a   condition of plat approval, A provision of an agreement that   violates this section is void and unenforceable as against public   policy.          SECTION 2.05.  Subsection 247.001(4), Local Government   Code, as added by Chapter 654 (H.B. 14), Acts of the 88th   Legislature, Regular Session, 2023, is amended to read as follows:                (4)  "Plan" means a subdivision development plan,   including a subdivision plan, subdivision construction plan, site   plan, land development application, and site development plan [ has   the meaning assigned by Section 212.001 ].          SECTION 2.06.  Section 247.002, Local Government Code, as   added by Chapter 654 (H.B. 14), Acts of the 88th Legislature,   Regular Session, 2023, is amended to read as follows:          Sec. 247.002.   OPTION FOR THIRD-PARTY REVIEW OR INSPECTION   [ REQUIRED ]. (a) Notwithstanding any other law, an applicant for   [ If a regulatory authority does not approve, conditionally approve,   or disapprove a development document by the 15th day after the date   prescribed by a provision of this code for the approval,   conditional approval, or disapproval of the document, ] any required   review of a development [ the ] document may obtain review of the   document from [ be performed by ] a person:                (1)  other than:                      (A)  the applicant; or                      (B)  a person whose work is the subject of the   application; and                (2)  who is:                      (A)  employed by the regulatory authority to   review development documents;                      (B)  employed by another political subdivision to   review development documents, if the regulatory authority has   approved the person to review development documents; or                      (C)  an engineer licensed under Chapter 1001,   Occupations Code.          (b)   Notwithstanding any other law, an owner of land or an   improvement to the land that requires a development [ If a   regulatory authority does not conduct a required development   inspection by the 15th day after the date prescribed by a provision   of this code for conducting the inspection, the ] inspection may   obtain the inspection from [ be conducted by ] a person:                (1)  other than:                      (A)  the owner of the land or improvement to the   land that is the subject of the inspection; or                      (B)  a person whose work is the subject of the   inspection; and                (2)  who is:                      (A)  certified to inspect buildings by the   International Code Council;                      (B)  employed by the regulatory authority as a   building inspector;                      (C)  employed by another political subdivision as   a building inspector, if the regulatory authority has approved the   person to perform inspections; or                      (D)  an engineer licensed under Chapter 1001,   Occupations Code.          SECTION 2.07.  Chapter 580, Local Government Code, is   amended by adding Section 580.006 to read as follows:           Sec.   580.006.     REGULATION OF CERTAIN WATER AND WASTEWATER   FACILITIES. A municipality may not in the extraterritorial   jurisdiction and a county may not in the unincorporated area of the   county regulate the size, type, or method of construction of a water   or wastewater facility that can be constructed to serve a tract of   land if the facility meets the minimum standards established for   water or wastewater facilities by state and federal regulatory   entities.          SECTION 2.08.  Section 13.2451, Water Code, is amended by   adding Subsection (a-1) to read as follows:           (a-1)     A municipality may provide retail water or sewer   service in an area removed from its extraterritorial jurisdiction   under Chapter 42, Local Government Code, without a certificate of   public convenience and necessity.          SECTION 2.09.  Subchapter H, Chapter 49, Water Code, is   amended by adding Section 49.2131 to read as follows:           Sec.   49.2131.     CONTRACTS WITH OTHER POLITICAL SUBDIVISIONS.   (a) This section applies only to a district with a board of the   majority of which is appointed by the governing body of a   municipality.           (b)     A district that sells or contracts for the sale of water   to another political subdivision may not adopt or enforce an order,   rule, or other measure that discriminates between political   subdivisions to which the district sells or contracts for the sale   of water.          SECTION 2.10.  Section 54.016, Water Code, is amended by   adding Subsections (k), (l), and (m) to read as follows:           (k)     A city may not require a payment from a developer of land   in the district in consideration for its consent.           (l)     A city's consent shall not limit the amount of the   district's bonds.           (m)     The provisions of an agreement conflicting with this   section are void and unenforceable.          SECTION 2.11.  Section 54.0161, Water Code, is amended by   adding subsection (d) to read as follows:           (d)     A county may not require the petitioners to enter into   an agreement that imposes rules and regulations for the development   of the land other than the county's rules and regulations adopted   under Chapte [Text truncated for display. 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