CPC C.S.H.B. 1510 75(R)BILL ANALYSIS LAND & RESOURCE MANAGEMENT C.S.H.B. 1510 By: Serna 4-29-97 Committee Report (Substituted) BACKGROUND Currently, the City of Socorro and El Paso County have found that Chapters 212 and 232, Local Government Code, give to each concurrent jurisdiction regarding the regulation of subdivisions. This concurrent jurisdiction creates confusion in the enforcement of subdivision rules and imposes on certain subdivider's different obligations that must be resolved. Chapter 232.022 extends to each County jurisdiction for subdivision regulation over land that is located in the County, outside the corporate limits of municipalities, and outside the extraterritorial jurisdiction of municipalities as determined under Chapter 42, Local Government Code, Chapter 42, Local Government Code, extends to the City of Socorro an extraterritorial jurisdiction of two miles as determined by its current population. The problem arises because under Chapter 212.001 extends the City of Socorro's extraterritorial jurisdiction to five mile because they have a population of 5,000 or more and is located in a county bordering the Rio Grande River. However, under Chapter 232 the County of El Paso has taken a position that Chapter 232 requires the County to impose its regulations on any developer that intends to divide property between two and five miles of Socorro's city limits. The developer would have to adhere to both the City of Socorro's and El Paso County's regulations between two and five miles of Socorro's city limits as well as El Paso's County's regulations beyond five miles of our limits. PURPOSE CSHB 1510 clarifies the subdivision platting requirements of an economically distressed county by substituting "Section 212.001" for "Chapter 42" as the guidelines for determining the extent of the ETJ. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 232.022(b), Local Government Code, as follows: (b) Purposes of this section: (1) States that land is considered to be in the jurisdiction of an affected county with a population of less than 500,000 if the land is located in the county, outside: the corporate limits of the municipalities; and the extraterritorial jurisdiction of municipalities, as determined under Chapter 42. (2) States that land is considered to be in the jurisdiction of an affected county with a population of 500,000 or more if the land is locate in the county, outside: the corporate limits of municipalities; the extraterritorial jurisdiction of municipalities, as determined under Chapter 42; and the area that extends five miles beyond the corporate limits of municipalities that have a population of more than 20,000. SECTION 2. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE CSHB 1510 states that land is considered to be in the jurisdiction of an affected county with a population of less than 500,000 if the land is located in the county, outside: the corporate limits of the municipalities; and the extraterritorial jurisdiction of municipalities, as determined under Chapter 42. The original legislation did not contain specific provision such as population and other provisions. CSHB 1510 states that land is considered to be in the jurisdiction of an affected county with a population of 500,000 or more if the land is locate in the county, outside: the corporate limits of municipalities; the extraterritorial jurisdiction of municipalities, as determined under Chapter 42; and the area that extends five miles beyond the corporate limits of municipalities that have a population of more than 20,000. The original legislation did not specific provisions such as population and other provisions.