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BILL ANALYSIS

 

 

 

H.B. 3750

By: Kuempel

Land & Resource Management

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Concerns have been raised about reports of some municipalities using their authority over issues like water quality to regulate land use in their extraterritorial jurisdiction. H.B. 3750 seeks to address this issue by limiting the authority of a municipality to impose water quality regulations in the municipality's extraterritorial jurisdiction.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 3750 amends the Local Government Code to prohibit a municipality from extending into its extraterritorial jurisdiction a municipal ordinance that imposes cut and fill depth requirements or other water quality regulations on a project that are more stringent than the applicable minimum state and federal water quality requirements unless the project is located in an area that is an aquifer recharge or contributing zone.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2019.