Bettencourt’s bill ending city regulation in the ETJ

The text as introduced · 7,095 words

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 ].

SECTION 2.14. Section 216.003(a), Local Government Code, is

amended to read as follows:

(a) Subject to the requirements of this subchapter, a

municipality may require the relocation, reconstruction, or

removal of any sign within its corporate limits [ or

extraterritorial jurisdiction ].

SECTION 2.15. Section 216.004(a), Local Government Code, is

amended to read as follows:

(a) If a municipality requires the relocation,

reconstruction, or removal of a sign within its corporate limits

[ or extraterritorial jurisdiction ], the presiding officer of the

governing body of the municipality shall appoint a municipal board

on sign control. The board must be composed of:

(1) two real estate appraisers, each of whom must be a

member in good standing of a nationally recognized professional

appraiser society or trade organization that has an established

code of ethics, educational program, and professional

certification program;

(2) one person engaged in the sign business in the

municipality;

(3) one employee of the Texas Department of

Transportation who is familiar with real estate valuations in

eminent domain proceedings; and

(4) one architect or landscape architect licensed by

this state.

SECTION 2.16. Section 229.002, Local Government Code, is

amended to read as follows:

Sec. 229.002. REGULATION OF DISCHARGE OF WEAPON. A

municipality may not apply a regulation relating to the discharge

of firearms or other weapons [ in the extraterritorial jurisdiction

of the municipality or ] in an area annexed by the municipality after

September 1, 1981, if the firearm or other weapon is:

(1) a shotgun, air rifle or pistol, BB gun, or bow and

arrow discharged:

(A) on a tract of land of 10 acres or more and

more than 150 feet from a residence or occupied building located on

another property; and

(B) in a manner not reasonably expected to cause

a projectile to cross the boundary of the tract; or

(2) a center fire or rim fire rifle or pistol of any

caliber discharged:

(A) on a tract of land of 50 acres or more and

more than 300 feet from a residence or occupied building located on

another property; and

(B) in a manner not reasonably expected to cause

a projectile to cross the boundary of the tract.

SECTION 2.17. Section 229.003(b), Local Government Code, is

amended to read as follows:

(b) Notwithstanding Section 229.002, a municipality may not

apply a regulation relating to the discharge of firearms or other

weapons [ in the extraterritorial jurisdiction of the municipality

or ] in an area annexed by the municipality after September 1, 1981,

if the firearm or other weapon is:

(1) a shotgun, air rifle or pistol, BB gun, or bow and

arrow discharged:

(A) on a tract of land of 10 acres or more and:

(i) more than 1,000 feet from:

(a) the property line of a public

tract of land, generally accessible by the public, that is

routinely used for organized sporting or recreational activities or

that has permanent recreational facilities or equipment; and

(b) the property line of a school,

hospital, or commercial day-care facility;

(ii) more than 600 feet from:

(a) the property line of a residential

subdivision; and

(b) the property line of a multifamily

residential complex; and

(iii) more than 150 feet from a residence or

occupied building located on another property; and

(B) in a manner not reasonably expected to cause

a projectile to cross the boundary of the tract;

(2) a center fire or rim fire rifle or pistol of any

caliber discharged:

(A) on a tract of land of 50 acres or more and:

(i) more than 1,000 feet from:

(a) the property line of a public

tract of land, generally accessible by the public, that is

routinely used for organized sporting or recreational activities or

that has permanent recreational facilities or equipment; and

(b) the property line of a school,

hospital, or commercial day-care facility;

(ii) more than 600 feet from:

(a) the property line of a residential

subdivision; and

(b) the property line of a multifamily

residential complex; and

(iii) more than 300 feet from a residence or

occupied building located on another property; and

(B) in a manner not reasonably expected to cause

a projectile to cross the boundary of the tract; or

(3) discharged at a sport shooting range, as defined

by Section 250.001, in a manner not reasonably expected to cause a

projectile to cross the boundary of a tract of land.

SECTION 2.18. Section 229.004(b), Local Government Code, is

amended to read as follows:

(b) Notwithstanding Section 229.002, a municipality may not

apply a regulation relating to the discharge of firearms or other

weapons [ in the extraterritorial jurisdiction of the municipality

or ] in an area annexed by the municipality on or before September 1,

1981, if the firearm or other weapon is:

(1) a shotgun, air rifle or pistol, BB gun, or bow and

arrow discharged:

(A) on a tract of land of 100 acres or more and

more than 150 feet from a residence or occupied building located on

another property; and

(B) in a manner not reasonably expected to cause

a projectile to cross the boundary of the tract; or

(2) a center fire or rim fire rifle or pistol of any

caliber discharged:

(A) on a tract of land of 100 acres or more and

more than 300 feet from a residence or occupied building located on

another property; and

(B) in a manner not reasonably expected to cause

a projectile to cross the boundary of the tract.

SECTION 2.19. Section 232.006(b), Local Government Code, is

amended to read as follows:

(b) If a county elects to operate under this section,

Section 232.005 does not apply to the county. The sections of this

chapter preceding Section 232.005 do apply to the county in the same

manner that they apply to other counties except that:

(1) they apply only to tracts of land located outside

municipalities [ and the extraterritorial jurisdiction of

municipalities, as determined under Chapter 42 ];

(2) the commissioners court of the county, instead of

having the powers granted by Sections 232.003(2) and (3), may:

(A) require a right-of-way on a street or road

that does not function as a main artery in the subdivision of not

less than 40 feet or more than 50 feet; and

(B) require that the street cut on a main artery

within the right-of-way be not less than 30 feet or more than 45

feet, and that the street cut on any other street or road within the

right-of-way be not less than 25 feet or more than 35 feet; and

(3) Section 232.004(5)(B) does not apply to the

county.

SECTION 2.20. Section 232.008(a), Local Government Code, is

amended to read as follows:

(a) This section applies only to real property located

outside municipalities [ and the extraterritorial jurisdiction of

municipalities, as determined under Chapter 42 ].

SECTION 2.21. Section 232.0085(a), Local Government Code,

is amended to read as follows:

(a) This section applies only to real property that[ :

[ (1) ] is located in the unincorporated area of an

affected county, as defined by Section 16.341, Water Code, that:

(1) [ (A) ] has adopted the model rules developed under

Section 16.343, Water Code; and

(2) [ (B) ] is located along an international border[ ;

and

[ (2) if the area is located in the extraterritorial

jurisdiction of a municipality, is not subject to a written

agreement under Section 242.001 that authorizes the municipality to

regulate subdivision plats and approve related permits in the

extraterritorial jurisdiction ].

SECTION 2.22. Section 232.009(a), Local Government Code, is

amended to read as follows:

(a) This section applies only to real property located

outside municipalities [ and the extraterritorial jurisdiction of

municipalities with a population of 1.5 million or more, as

determined under Chapter 42 ].

SECTION 2.23. Section 232.0095(a), Local Government Code,

is amended to read as follows:

(a) This section applies only to real property located

outside municipalities [ and outside the extraterritorial

jurisdiction, as determined under Chapter 42, of municipalities

with a population of 1.5 million or more ].

SECTION 2.24. Section 232.022(c), Local Government Code, is

amended to read as follows:

(c) For [ Except as provided by Subsection (c-1), for ]

purposes of this section, land is considered to be in the

jurisdiction of a county if the land is located in the county and

outside the corporate limits of municipalities.

SECTION 2.25. Section 232.028(g), Local Government Code, is

amended to read as follows:

(g) The commissioners court may impose a fee for a

certificate issued under this section for a subdivision which is

located in the county and not within the limits of a municipality.

The amount of the fee is [ may be the greater of ] $30 [ or the amount

of the fee imposed by the municipality for a subdivision that is

located entirely in the extraterritorial jurisdiction of the

municipality for a certificate issued under Section 212.0115 ]. [ A

person who obtains a certificate under this section is not required

to obtain a certificate under Section 212.0115. ]

SECTION 2.26. Section 232.029(p), Local Government Code, is

amended to read as follows:

(p) The commissioners court may impose a fee for a

certificate issued under this section for a subdivision which is

located in the county and not within the limits of a municipality.

The amount of the fee is [ may be the greater of ] $30 [ or the amount

of the fee imposed by the municipality for a subdivision that is

located entirely in the extraterritorial jurisdiction of the

municipality for a certificate issued under Section 212.0115 ]. [ A

person who obtains a certificate under this section is not required

to obtain a certificate under Section 212.0115. ]

SECTION 2.27. Section 351.143(a), Local Government Code, is

amended to read as follows:

(a) Before a jail facility is conveyed to a receiving

county, the district may make changes in or additions to the

facility if the board determines that the changes or additions are

necessary to:

(1) comply with the requirements of that county and,

if the facility is located within the jurisdiction of a

municipality, comply with the requirements of the municipality in

whose limits [ or extraterritorial jurisdiction ] the facility is

located; or

(2) adjust to circumstances or requirements that did

not exist at the time the original plans for the facility were

approved by the board.

SECTION 2.28. Sections 372.003(a) and (d), Local Government

Code, are amended to read as follows:

(a) If the governing body of a municipality or county finds

that it promotes the interests of the municipality or county, the

governing body may undertake an improvement project that confers a

special benefit on a definable part of the municipality or county

[ or the municipality's extraterritorial jurisdiction ]. The

commissioners court of a county may undertake a project on a

definable part of a municipality's extraterritorial jurisdiction

that is located in the county. A project may be undertaken in the

municipality or county or the municipality's extraterritorial

jurisdiction.

(d) A county may establish a public improvement district

unless within 30 days of a county's action to approve such a

district, a home rule municipality objects to its establishment

within the municipality's corporate limits [ or extraterritorial

jurisdiction ].

SECTION 2.29. Sections 375.0922(a) and (b), Local

Government Code, are amended to read as follows:

(a) A road project must meet all applicable construction

standards, zoning and subdivision requirements, and regulations of

each municipality in whose corporate limits [ or extraterritorial

jurisdiction ] the road project is located.

(b) If a road project is not located in the corporate limits

[ or extraterritorial jurisdiction ] of a municipality, the road

project must meet all applicable construction standards,

subdivision requirements, and regulations of each county in which

the road project is located.

SECTION 2.30. Section 375.304(a), Local Government Code, is

amended to read as follows:

(a) The governing body of a municipality by resolution or

ordinance may create an authority in an area that is:

(1) in the same county as a military installation or

facility that is:

(A) closed or realigned under the Defense Base

Closure and Realignment Act of 1990 (10 U.S.C. Section 2687 note)

and its subsequent amendments; or

(B) a base efficiency project as defined by

Section 379B.001; and

(2) in an area that has been annexed [ or disannexed ]

for full or limited purposes under Subchapter F, Chapter 43, by a

municipality with a population of at least 1.1 million [ or is in the

extraterritorial jurisdiction of a municipality with a population

of at least 1.1 million and that has been annexed for limited

purposes by the municipality under Subchapter F, Chapter 43 ].

SECTION 2.31. Section 377.002, Local Government Code, is

amended to read as follows:

Sec. 377.002. SCOPE. [ (a) ] A municipality may create a

district as provided in this chapter in[ :

[ (1) ] all or part of the boundaries of the

municipality[ ;

[ (2) all or part of the boundaries of the municipality

and all or part of the boundaries of the municipality's

extraterritorial jurisdiction; or

[ (3) all or part of the municipality's

extraterritorial jurisdiction ].

[ (b) The municipality may include territory outside of the

municipality only to the extent that territory is in the

municipality's extraterritorial jurisdiction. ]

SECTION 2.32. Section 377.021(g), Local Government Code, is

amended to read as follows:

(g) In the order calling the election, the municipality may

provide for the district boundaries to conform automatically to any

changes in the boundaries of the portion of the municipality [ or the

municipality's extraterritorial jurisdiction ] included in the

district, and the election shall be held on one of the four uniform

election dates under Section 41.001, Election Code.

SECTION 2.33. Section 377.051(d), Local Government Code, is

amended to read as follows:

(d) To qualify to serve as a director, a person must reside

in the municipality that created the district [ or in that

municipality's extraterritorial jurisdiction ]. An employee,

officer, or member of the governing body of the municipality may

serve as a director, but may not have a personal interest in a

contract executed by the district other than as an employee,

officer, or member of the governing body of the municipality.

SECTION 2.34. Sections 377.072(c) and (d), Local Government

Code, are amended to read as follows:

(c) Except as provided by Subsections (d) and (e), the

district may use money in the development project fund only to:

(1) pay the costs of planning, acquiring,

establishing, developing, constructing, or renovating one or more

development projects located[ :

[ (A) ] in the district; [ or

[ (B) outside the district, if:

[ (i) the project is located in the

extraterritorial jurisdiction of the municipality that created the

district;

[ (ii) the board determines that the

development project will provide an economic benefit to the

district; and

[ (iii) the following entities, as

applicable, by resolution approve the development project:

[ (a) the municipality that created

the district; and

[ (b) each municipality in whose

corporate limits or extraterritorial jurisdiction the project is

located; ]

(2) pay the principal of, interest on, and other costs

relating to bonds or other obligations issued by the district or to

refund bonds or other obligations; or

(3) pay the costs of operating or maintaining one or

more development projects during the planning, acquisition,

establishment, development, construction, or renovation or while

bonds or other obligations for the planning, acquisition,

establishment, development, construction, or renovation are

outstanding.

(d) A district located in a county with a population of 3.3

million or more may use money in the development project fund only

to:

(1) pay the costs of planning, acquiring,

establishing, developing, constructing, or renovating one or more

development projects beneficial to the district if the projects are

in the district boundaries [ or the extraterritorial jurisdiction ]

of the municipality where the district is located;

(2) pay the principal of, interest on, and other costs

relating to bonds or other obligations issued by the district or to

refund bonds or other obligations; or

(3) pay the costs of operating or maintaining one or

more development projects during the planning, acquisition,

establishment, development, construction, or renovation or while

bonds or other obligations for the planning, acquisition,

establishment, development, construction, or renovation are

outstanding.

SECTION 2.35. Section 380.001(a), Local Government Code, is

amended to read as follows:

(a) The governing body of a municipality may establish and

provide for the administration of one or more programs, including

programs for making loans and grants of public money and providing

personnel and services of the municipality, to promote state or

local economic development and to stimulate business and commercial

activity in the municipality. For purposes of this subsection, a

municipality includes an area that[ :

[ (1) ] has been annexed by the municipality for limited

purposes[ ; or

[ (2) is in the extraterritorial jurisdiction of the

municipality ].

SECTION 2.36. Section 382.109(b), Local Government Code, is

amended to read as follows:

(b) A road project must meet all applicable construction

standards, zoning and subdivision requirements, and regulatory

ordinances of each municipality in whose corporate limits [ or

extraterritorial jurisdiction ] the district is located. If the

district is located outside the corporate limits [ extraterritorial

jurisdiction ] of a municipality, a road project must meet all

applicable construction standards, zoning and subdivision

requirements, and regulatory ordinances of each county in which the

district is located.

SECTION 2.37. Section 382.113(c), Local Government Code, is

amended to read as follows:

(c) Before a district may adopt an order adding or excluding

land, the district must obtain the consent of[ :

[ (1) ] the county that created the district by a

resolution of the county commissioners court[ ; and

[ (2) a municipality in whose extraterritorial

jurisdiction the district is located by a resolution adopted by the

municipality's governing body ].

SECTION 2.38. Section 395.001(9), Local Government Code, is

amended to read as follows:

(9) "Service area" means the area within the corporate

boundaries [ or extraterritorial jurisdiction, as determined under

Chapter 42, ] of the political subdivision to be served by the

capital improvements or facilities expansions specified in the

capital improvements plan, except roadway facilities and storm

water, drainage, and flood control facilities. The service area,

for the purposes of this chapter, may include all or part of the

land within the political subdivision [ or its extraterritorial

jurisdiction ], except for roadway facilities and storm water,

drainage, and flood control facilities. For roadway facilities,

the service area is limited to an area within the corporate

boundaries of the political subdivision and shall not exceed six

miles. For storm water, drainage, and flood control facilities, the

service area may include all or part of the land within the

political subdivision [ or its extraterritorial jurisdiction ], but

shall not exceed the area actually served by the storm water,

drainage, and flood control facilities designated in the capital

improvements plan and shall not extend across watershed boundaries.

SECTION 2.39. Section 395.011(b), Local Government Code, is

amended to read as follows:

(b) Political subdivisions may enact or impose impact fees

on land within their corporate boundaries [ or extraterritorial

jurisdictions ] only by complying with this chapter[ , except that

impact fees may not be enacted or imposed in the extraterritorial

jurisdiction for roadway facilities ].

SECTION 2.40. Section 395.058(b), Local Government Code, is

amended to read as follows:

(b) The advisory committee is composed of not less than five

members who shall be appointed by a majority vote of the governing

body of the political subdivision. Not less than 40 percent of the

membership of the advisory committee must be representatives of the

real estate, development, or building industries who are not

employees or officials of a political subdivision or governmental

entity. If the political subdivision has a planning and zoning

commission, the commission may act as the advisory committee if the

commission includes at least one representative of the real estate,

development, or building industry who is not an employee or

official of a political subdivision or governmental entity. If no

such representative is a member of the planning and zoning

commission, the commission may still act as the advisory committee

if at least one such representative is appointed by the political

subdivision as an ad hoc voting member of the planning and zoning

commission when it acts as the advisory committee. [ If the impact

fee is to be applied in the extraterritorial jurisdiction of the

political subdivision, the membership must include a

representative from that area. ]

SECTION 2.41. Section 397A.057, Local Government Code, is

amended to read as follows:

Sec. 397A.057. COORDINATION WITH OTHER PLANS AND

STUDIES. The compatible development standards and regulations

adopted under this subchapter must be coordinated with:

(1) the county plan for growth and development of the

participating county or a county located in the regional military

sustainability commission's territory; and

(2) [ the comprehensive plan of the participating

municipality; and

[ (3) ] the most recent Joint Land Use Study, if the

commission makes a finding that the conclusions of the study

accurately reflect circumstances in the territory.

SECTION 2.42. Section 397A.107, Local Government Code, is

amended to read as follows:

Sec. 397A.107. COORDINATION WITH OTHER PLANS AND

STUDIES. The compatible development standards and regulations

adopted under this subchapter must be coordinated with:

(1) the county plan for growth and development of the

participating county or a county located in the regional military

sustainability commission's territory; and

(2) [ the comprehensive plan of the participating

municipality; and

[ (3) ] the most recent Joint Land Use Study, if the

commission makes a finding that the conclusions of the study

accurately reflect circumstances in the territory.

SECTION 2.43. Section 507.103(b), Local Government Code, is

amended to read as follows:

(b) Before exercising the power of eminent domain under this

chapter, a spaceport development corporation must obtain a

resolution approving the proposed condemnation from the governing

body of a county or municipality in which the property is located.

[ For purposes of this chapter, territory in the extraterritorial

jurisdiction of a municipality is considered to be in the

jurisdiction of the municipality. ]

SECTION 2.44. Section 551.006(a), Local Government Code, is

amended to read as follows:

(a) A municipality with a population of 20,000 or more by

ordinance shall require an installer of an irrigation system:

(1) to hold a license issued under Section 1903.251,

Occupations Code; and

(2) to obtain a permit before installing a system

within the territorial limits [ or extraterritorial jurisdiction ]

of the municipality.

SECTION 2.45. Section 551.007, Local Government Code, is

amended to read as follows:

Sec. 551.007. WATER CONSERVATION BY HOME-RULE

MUNICIPALITY. A home-rule municipality may adopt and enforce

ordinances requiring water conservation in the municipality [ and by

customers of the municipality's municipally owned water and sewer

utility in the extraterritorial jurisdiction of the municipality ].

SECTION 2.46. Section 552.044(8), Local Government Code, is

amended to read as follows:

(8) "Service area" means the municipal boundaries and

any other land areas outside the municipal boundaries which, as a

result of topography or hydraulics, contribute overland flow into

the watersheds served by the drainage system of a municipality;

provided, however, that [ in no event may ] a service area may not

extend farther than the municipal boundaries [ of a municipality's

current extraterritorial jurisdiction ], and [ nor ], except as

provided by Section 552.0451, [ may ] a service area of one

municipality may not extend into the boundaries of another

municipality. The service area is to be established in the

ordinance establishing the drainage utility. [ Provided, that no

municipality shall extend a service area outside of its municipal

boundaries except:

[ (A) a municipality of more than 500,000

population located within 50 miles of an international border;

[ (B) a municipality all or part of which is

located over or within the Edwards Aquifer recharge zone or the

Edwards Aquifer transition zone, as designated by the Texas Natural

Resource Conservation Commission; or

[ (C) as provided by Section 552.0451. ]

SECTION 2.47. Section 552.045(e), Local Government Code, is

amended to read as follows:

(e) The municipality by ordinance may adopt and enforce

rules as it considers appropriate to operate the drainage utility

system. [ Provided, however, that the prohibitions contained in

Section 212.003(a) of the Local Government Code relating to

quasi-zoning and other land use regulations in the extraterritorial

jurisdiction of a municipality shall apply to any rule or ordinance

adopted or enacted by the municipality under this Act, except that

rates may be established using impervious cover measurements

relating to land use and building size. ]

SECTION 2.48. Section 552.0451(a), Local Government Code,

is amended to read as follows:

(a) A municipality with a population of more than 900,000

located in one or more counties with a population of less than 1.5

million as of the 1990 federal census may extend its service area[ :

[ (1) ] into the boundaries of another municipality if:

(1) [ (A) ] before the extension water from the

municipality to which the service area is to be extended regularly

drains into the drainage system of the municipality extending its

service area; and

(2) [ (B) ] the extension is provided for by an

interlocal agreement between the municipalities[ ; or

[ (2) beyond its municipal boundaries into an

unincorporated area of its extraterritorial jurisdiction if:

[ (A) before the extension water from the area to

which the service area is to be extended regularly drains into the

drainage system of the municipality extending its service area; and

[ (B) the extension is provided for by an

interlocal agreement between the municipality extending its

service area and the county containing the area to which the service

area is to be extended ].

SECTION 2.49. Section 552.907(a), Local Government Code, is

amended to read as follows:

(a) This section applies only to territory located in a

municipality [ or in the extraterritorial jurisdiction of a

municipality ] and located over the recharge zone of an aquifer that

provides all or part of the water supply of the municipality.

ARTICLE 3. REPEALER CONFORMING AMENDMENTS

SECTION 3.01. Section 43.052(f-1), Local Government Code,

is amended to read as follows:

(f-1) In addition to the notice provided under Subsection

(f), a home-rule municipality, before the 90th day after the date

the municipality adopts or amends an annexation plan under this

section, shall give written notice as provided by this subsection

to each property owner in any area that would be newly included in

the municipality's extraterritorial jurisdiction as a result of the

proposed annexation. For purposes of this subsection, a property

owner is the owner as indicated by the appraisal records furnished

by the appraisal district for each county in which the area that

would be newly included in the municipality's extraterritorial

jurisdiction is located. The notice must include:

(1) a description of the area that has been included in

the municipality's annexation plan;

(2) a statement that the completed annexation of that

area will expand the municipality's extraterritorial jurisdiction

to include all or part of the property owner's property; 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 3.02. Section 43.0561(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 3.03. 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 3.04. Section 212.0085, Local Government Code, is

amended to read as follows:

Sec. 212.0085. APPROVAL PROCEDURE: APPLICABILITY. The

approval procedures under this subchapter apply to a municipality

regardless of whether the municipality has entered into an

interlocal agreement[ , including an interlocal agreement between a

municipality and county under Section 242.001(d) ].

SECTION 3.05. Section 212.904(a), Local Government Code, is

amended to read as follows:

(a) If a municipality requires[ , including under an

agreement under Chapter 242, ] as a condition of approval for a

property development project that the developer bear a portion of

the costs of municipal infrastructure improvements by the making of

dedications, the payment of fees, or the payment of construction

costs, the developer's portion of the costs may not exceed the

amount required for infrastructure improvements that are roughly

proportionate to the proposed development as approved by a

professional engineer who holds a license issued under Chapter

1001, Occupations Code, and is retained by the municipality. The

municipality's determination shall be completed within thirty days

following the submission of the developer's application for

determination under this subsection.

SECTION 3.06. Section 216.015(a), Local Government Code, is

amended to read as follows:

(a) The legislature declares that it would not have enacted

the following without the inclusion of Section 216.010(a), to the

extent that provision excludes methods of compensation not

specifically authorized by that provision:

(1) this subchapter;

(2) [ Section 216.902;

[ (3) ] Article 2, Chapter 221, Acts of the 69th

Legislature, Regular Session, 1985 (codified as Chapter 394,

Transportation Code); and

(3) [ (4) ] the amendments made to Section 3, Property

Redevelopment and Tax Abatement Act (codified as Chapter 312, Tax

Code) by Article 4, Chapter 221, Acts of the 69th Legislature,

Regular Session, 1985.

SECTION 3.07. Section 232.0015(b), Local Government Code,

is amended to read as follows:

(b) This [ Except as provided by Section 232.0013, this ]

subchapter does not apply to a subdivision of land to which

Subchapter B applies.

SECTION 3.08. Section 232.0023, Local Government Code, is

amended to read as follows:

Sec. 232.0023. APPROVAL PROCEDURE: APPLICABILITY. The plat

application approval procedures under this subchapter apply to a

county regardless of whether the county has entered into an

interlocal agreement[ , including an interlocal agreement between a

municipality and county under Section 242.001(d) ].

SECTION 3.09. Section 232.110(a), Local Government Code, is

amended to read as follows:

(a) If, under any authority expressly authorized by this

chapter, a county requires, [ including under an agreement under

Chapter 242, ] as a condition of approval for a property development

project that the developer bear a portion of the costs of county

infrastructure improvements by the making of dedications, the

payment of fees, or the payment of construction costs, the

developer's portion of the costs may not exceed the amount required

for infrastructure improvements that are roughly proportionate to

the proposed development as approved by a professional engineer who

holds a license issued under Chapter 1001, Occupations Code, and is

retained by the county. The county's determination shall be

completed within thirty days following the submission of the

developer's application for determination under this subsection.

SECTION 3.10. Section 8230.005, Special District Local Laws

Code, is amended to read as follows:

Sec. 8230.005. CERTAIN LAWS INAPPLICABLE TO CREATION OF

DISTRICT. The district was created notwithstanding any provision

of [ Section 212.003, Local Government Code, ] Chapter 42 or 43,

Local Government Code, or Section 54.016, Water Code, and to the

extent of the creation of the district only, those provisions shall

have no application.

SECTION 3.11. Section 16.343(f), Water Code, is amended to

read as follows:

(f) The model rules may impose a platting or replatting

requirement pursuant to Subsection (b)(2), (c)(2), or (d). A

[ Except as may be required by an agreement developed under Chapter

242, Local Government Code, a ] municipality that has adopted the

model rules may impose the applicable platting requirements of

Chapter 212, Local Government Code, and a county that has adopted

the model rules may impose the applicable platting requirements of

Chapter 232, Local Government Code, to real property that is

required to be platted or replatted by the model rules under this

section.

ARTICLE 4. REPEALER

SECTION 4.01. The following provisions of the Local

Government Code are repealed:

(1) Section 42.904;

(2) Section 212.001(1);

(3) Section 212.0025;

(4) Section 212.003;

(5) Section 212.007;

(6) Sections 212.012(d), (e), and (f);

(7) Section 216.0035;

(8) Section 216.902;

(9) Section 232.0013;

(10) Section 232.022(c-1);

(11) Section 233.031(b);

(12) Section 233.153(c);

(13) Chapter 242;

(14) Section 352.119(a);

(15) Section 382.001(a)(4);

(16) Section 386.002;

(17) Section 395.011(c);

(18) Section 399.007(c);

(19) Section 551.004;

(20) Section 551.005(b); and

(21) Section 562.012(d).

SECTION 4.02. The following provisions are repealed:

(1) Article 4.11(c), Code of Criminal Procedure;

(2) Section 26.045(f), Government Code;

(3) Section 27.031(c), Government Code; and

(4) Section 394.062(b), Transportation Code.

ARTICLE 5. EFFECTIVE DATE

SECTION 5.01. This Act takes effect September 1, 2025.