Amend CSHB 1445 as follows:
(1) On page 1, line 15, strike "(e)" and substitute "(d)".
(2) On page 2, line 3, strike "A" and substitute "Except as
provided by Subsection (d)(4), a".
(3) On page 2, line 5, strike "On or before January 1, 2002,
the" and substitute "The".
(4) On page 2, line 8, after the period, insert "For a
municipality in existence on September 1, 2001, the municipality
and county shall enter into a written agreement under this
subsection on or before January 1, 2002. For a municipality
incorporated after September 1, 2001, the municipality and county
shall enter into a written agreement under this subsection not
later than the 120th day after the date the municipality
incorporates."
(5) On page 3, strike lines 8-21 and substitute the
following:
(4) the municipality and the county may enter into an
interlocal agreement that:
(A) establishes one office that is authorized
to:
(i) accept plat applications for tracts of
land located in the extraterritorial jurisdiction;
(ii) collect municipal and county plat
application fees in a lump-sum amount; and
(iii) provide applicants one response
indicating approval or denial of the plat application; and
(B) establishes a consolidated and consistent
set of regulations related to plats and subdivisions of land as
authorized by Chapter 212, Sections 232.001-232.005, Subchapters B
and C, Chapter 232, and other statutes applicable to municipalities
and counties that will be enforced in the extraterritorial
jurisdiction<. If a municipal regulation conflicts with a county
regulation, the more stringent provisions prevail>.
(6) On page 3, strike lines 22-27, and on page 4, strike
lines 1-10, and substitute the following:
(e) If a municipality and a county fail to enter into a
written agreement as required by Subsection (c), the issues in
dispute shall be submitted to a binding arbitration process that
uses a qualified alternative dispute resolution arbitrator not
later than the fifth day after the expiration of the period
prescribed by Subsection (c) for entering into a written agreement.
Each party shall submit its final proposal to the arbitrator not
later than the 15th day after the expiration of the period
prescribed by Subsection (c) for entering into a written agreement.
If the parties cannot agree on an arbitrator, the county shall
select an arbitrator, the municipality shall select an arbitrator,
and those two arbitrators shall select an arbitrator who will
decide the issues in dispute. Each party shall pay one-half of the
arbitration costs. The arbitrator shall issue a decision not later
than the 45th day after the expiration of the period prescribed by
Subsection (c) for entering into a written agreement. An
arbitration decision issued under this subsection is enforceable in
a court in the county in which the municipality's extraterritorial
jurisdiction is located.