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

89(R) SB 2522 - Senate Committee Report version - Bill Text

By: Bettencourt

S.B. No. 2522

(In the Senate - Filed March 13, 2025; April 3, 2025, read

first time and referred to Committee on Local Government;

May 7, 2025, reported adversely, with favorable Committee

Substitute by the following vote: Yeas 4, Nays 3; May 7, 2025, sent

to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 2522

By: Paxton

A BILL TO BE ENTITLED

AN ACT

relating to certain powers, limitations, and duties of a

municipality and county in the extraterritorial jurisdiction of the

municipality and the unincorporated area of the county.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 42, Local Government Code,

is amended by adding Section 42.1015 to read as follows:

Sec.

42.1015.

APPLICABILITY TO AREAS ANNEXED FOR LIMITED

PURPOSES. For purposes of this subchapter, an area annexed for

limited purposes is considered part of the extraterritorial

jurisdiction of the municipality that annexed the area for limited

purposes. A municipality shall disannex the area and release the

area from the municipality's extraterritorial jurisdiction in

accordance with the petition requirements of this subchapter.

SECTION 2. Subchapter E, Chapter 42, Local Government Code,

is amended by adding Section 42.1515 to read as follows:

Sec.

42.1515.

APPLICABILITY TO AREAS ANNEXED FOR LIMITED

PURPOSES. For purposes of this subchapter, an area annexed for

limited purposes is considered part of the extraterritorial

jurisdiction of the municipality that annexed the area for limited

purposes. A municipality shall disannex the area and release the

area from the municipality's extraterritorial jurisdiction in

accordance with the election requirements of this subchapter.

SECTION 3. Section 212.003(a), Local Government Code, is

amended to read as follows:

(a)
In
[
The governing body of a municipality by ordinance

may extend to the extraterritorial jurisdiction of the municipality

the application of municipal ordinances adopted under Section

212.002 and other municipal ordinances relating to access to public

roads or the pumping, extraction, and use of groundwater by persons

other than retail public utilities, as defined by Section 13.002,

Water Code, for the purpose of preventing the use or contact with

groundwater that presents an actual or potential threat to human

health. However, unless otherwise authorized by state law, in
] its

extraterritorial jurisdiction a municipality shall not regulate
,

either directly or indirectly
:

(1) the use of any building or property for business,

industrial, residential, or other purposes;

(2) the bulk, height, or number of buildings

constructed on a particular tract of land;

(3) the size of a building that can be constructed on a

particular tract of land, including without limitation any

restriction on the ratio of building floor space to the land square

footage;

(4)
the minimum size of a lot, dimensions of a lot,

minimum width of a lot frontage, minimum distance a lot must be set

back from a road or property line, or another component of lot

density on a particular tract of land;

(5)
the number of residential units that can be built

per acre of land; or

(6)
[
(5)
] the size, type, or method of construction of

a water or wastewater facility that can be constructed to serve a

developed tract of land if[
:

[
(A)
] the facility meets the minimum standards

established for water or wastewater facilities by state and federal

regulatory entities[
; and

[
(B) the developed tract of land is:

[
(i)

located in a county with a population

of 2.8 million or more; and

[
(ii) served by:

[
(a)

on-site septic systems

constructed before September 1, 2001, that fail to provide adequate

services; or

[
(b)

on-site water wells constructed

before September 1, 2001, that fail to provide an adequate supply of

safe drinking water
].

SECTION 4. Sections 232.101(a) and (b), Local Government

Code, are amended to read as follows:

(a) By an order adopted and entered in the minutes of the

commissioners court and after a notice is published in a newspaper

of general circulation in the county, the commissioners court may

adopt rules governing plats and subdivisions of land within the

unincorporated area of the county
as authorized by this subchapter

[
to promote the health, safety, morals, or general welfare of the

county and the safe, orderly, and healthful development of the

unincorporated area of the county
].

(b)
A
[
Unless otherwise authorized by state law, a
]

commissioners court shall not regulate
, either directly or

indirectly
[
under this section
]:

(1) the use of any building or property for business,

industrial, residential, or other purposes;

(2) the bulk, height, or number of buildings

constructed on a particular tract of land;

(3) the size of a building that can be constructed on a

particular tract of land, including without limitation and

restriction on the ratio of building floor space to the land square

footage;

(4)
the minimum size of a lot, dimensions of a lot,

minimum width of a lot frontage, minimum distance a lot must be set

back from a road or property line, or another component of lot

density on a particular tract of land;

(5)
the number of residential units that can be built

per acre of land;

(6)
[
(5)
] a plat or subdivision in an adjoining

county; or

(7)
[
(6)
] road access to a plat or subdivision in an

adjoining county.

SECTION 5. Sections 232.103 and 232.104, Local Government

Code, are repealed.

SECTION 6. The changes in law made by this Act to Chapters

212 and 232, Local Government Code, apply only to a plat application

filed on or after the effective date of this Act. A plat application

filed before the effective date of this Act is governed by the law

in effect on the date the application was filed, and the former law

is continued in effect for that purpose.

SECTION 7. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.

* * * * *