S.B. No. 2522, introduced by Bettencourt, aims to clarify the powers, limitations, and duties of municipalities and counties regarding their extraterritorial jurisdictions and unincorporated areas. The bill adds new sections to the Local Government Code, specifically Sections 42.1015 and 42.1515, which state that areas annexed for limited purposes will be considered part of the municipality's extraterritorial jurisdiction. It mandates that municipalities must disannex these areas and release them from their jurisdiction according to specified petition and election requirements. Additionally, the bill amends Section 212.003(a) to restrict municipalities from regulating various aspects of land use and development in their extraterritorial jurisdictions, including the size and dimensions of lots and the number of residential units per acre.
Furthermore, the bill modifies Sections 232.101(a) and (b) to establish similar limitations on the regulatory powers of county commissioners regarding land use in unincorporated areas. It repeals Sections 232.103 and 232.104, which likely contained previous regulations that are no longer applicable. The changes will only apply to plat applications filed after the effective date of the Act, ensuring that applications submitted before this date will be governed by the existing law. The Act is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that threshold is not met.
Statutes affected: Introduced: Local Government Code 212.003, Local Government Code 232.101, Local Government Code 232.103 (Local Government Code 232, Local Government Code 212)
Senate Committee Report: Local Government Code 212.003, Local Government Code 232.101, Local Government Code 232.103 (Local Government Code 232, Local Government Code 212)