80R11106 MXM-F
 
  By: Kuempel H.B. No. 1736
 
Substitute the following for H.B. No. 1736:
 
  By:  Callegari C.S.H.B. No. 1736
 
A BILL TO BE ENTITLED
AN ACT
relating to the authority of municipalities to adopt zoning
regulations for impervious cover and floor to area ratio on lots.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 211.003, Local Government Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(d) to read as follows:
       (a)  The governing body of a municipality may regulate:
             (1)  the height, number of stories, and size of
buildings and other structures;
             (2)  the percentage of a lot that may be occupied;
             (3)  the size of yards, courts, and other open spaces;
             (4)  population density;
             (5)  the location and use of buildings, other
structures, and land for business, industrial, residential, or
other purposes; [and]
             (6)  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;
             (7)  the amount of impervious cover allowed on a lot;
and
             (8)  the limits on the floor to area ratio of the lot.
       (c)  Except as provided by Subsection (d), the [The]
governing body of a home-rule municipality may also regulate the
bulk of buildings.
       (d)  In the case of residential construction, the governing
body of a municipality may use only one of the regulations described
by Subsections (a)(2), (7), and (8).
       SECTION 2.  The changes in law made by this Act to Section
211.003, Local Government Code, apply to any zoning regulation
adopted on or after January 1, 2006.
       SECTION 3.  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, 2007.