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.