SRC-MAX H.B. 2900 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2900
By: Crabb (Gallegos)
Intergovernmental Relations
5-11-97
Engrossed


DIGEST 

Currently, counties and municipalities both have the authority to regulate
development and require filing of a plat in a municipality's
extraterritorial jurisdiction.  An owner of property who is subdividing
certain property may be required to have a plat filed by a county,
municipality, or both. A plat involving the development of land located in
a municipality's extraterritorial jurisdiction may not be filed with the
county clerk without the approval of both the municipality and the county.
This bill requires a municipality or county to provide written
certification that a plat is not required by the governmental entity in
certain cases. 

PURPOSE

As proposed, H.B. 2900 sets forth provisions regarding the authority of a
municipality and  a county to regulate the subdivision of land in the
extraterritorial jurisdiction of a municipality.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 242.001(b), Local Government Code, to require
the authority responsible for approving plats for a governmental entity
that does not require the filing of a plat to issue on request of the
subdivider a written certification stating that a plat is not required to
be filed for that subdivision of the land, if a governmental entity
requires a plat to be filed for a subdivision in the extraterritorial
jurisdiction of a municipality and the other governmental entity does not
require the filing of a plat.  Requires the certification to be attached
to a plat required to be filed under this subsection. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.