SLC H.B. 2900 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
H.B. 2900
By: Crabb
3-31-97
Committee Report (Unamended)



BACKGROUND 

Currently, counties and municipalities both have the authority to regulate
development and require the filing of a plat in a municipality's
extraterritorial jurisdiction.  If a municipal regulation conflicts with a
county regulation, the more stringent provisions prevail.  An owner of
property who is subdividing his 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.  Section 12.002 of the Texas
Property Code requires a county clerk or deputy of the clerk with whom a
plat or replat of a subdivision of real property is filed for recording to
determine whether the plat or replat is required by law to be approved by
a county, municipality, or both. 

PURPOSE

HB 2900 requires a municipality or county to provide written certification
that a plat is not required by the governmental entity in cases where a
municipality and a county both regulate development in the
extraterritorial jurisdiction of the municipality and the governmental
entity does not require the filing of a plat for proposed development. 

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 Sec. 242.001(b), Local Gov. Code, as follows:

 (b) provides that if regulations adopted by one governmental entity
require the filing of a plat but the regulations adopted by another
governmental entity do not require the filing of a plat, the authority
responsible for approving plats shall issue to the requesting party a
written certification that a plat is not required by the governmental
entity.  This written certification shall be attached to the plat filed
under this subsection. 

SECTION 2. Applicability clause and Effective date: September 1, 1997.

SECTION 3. Emergency Clause.