Amend HB 1445 by striking all below the enacting clause and
substituting the following:
SECTION 1. Section 242.001, Local Government Code, is
amended to read as follows:
Sec. 242.001. REGULATION OF SUBDIVISIONS GENERALLY. (a)
This section applies only to a county operating under Sections
232.001-232.005 or Subchapter B or C, Chapter 232. Subsections
(b)-(e) do not apply:
(1) within a county that contains extraterritorial
jurisdiction of a municipality with a population of 1.9 million or
more; or
(2) within a county within 50 miles of an
international border, or to which Subchapter C, Chapter 232
applies.
(b) For an area in a municipality's extraterritorial
jurisdiction, as defined by Section 212.001, a plat may not be
filed with the county clerk without the approval of <both> the
governmental entity authorized under Subsection (c) or (d) to
regulate subdivisions in the area <municipality and the county.
However, if one of those governmental entities requires a plat to
be filed for the subdivision of a particular tract of land in the
extraterritorial jurisdiction of the municipality and the other
governmental entity does not require the filing of a plat for that
subdivision, the authority responsible for approving plats for the
governmental entity that does not require the filing shall 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.
The certification must be attached to a plat required to be filed
under this subsection>.
(c) Except as provided by Subsections (d)(3) and (4), a
municipality and a county may not both regulate subdivisions in
<In> the extraterritorial jurisdiction of a municipality after an
agreement under Subsection (d) is executed. The municipality and
the county shall enter into a written agreement that identifies the
governmental entity authorized to regulate subdivision plats and
approve related permits in the extraterritorial jurisdiction. 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 April 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. The municipality and the county shall adopt the
agreement by order, ordinance, or resolution. The agreement must
be amended by the municipality and the county if necessary to take
into account an expansion or reduction in the extraterritorial
jurisdiction of the municipality. The municipality shall notify
the county of any expansion or reduction in the municipality's
extraterritorial jurisdiction. Any expansion or reduction in the
municipality's extraterritorial jurisdiction that affects property
that is subject to a preliminary or final plat filed with the
municipality or that was previously approved under Section 212.009
does not affect any rights accrued under Chapter 245. The approval
of the plat or any permit remains effective as provided by Chapter
245 regardless of the change in designation as extraterritorial
jurisdiction of the municipality.
(d) An agreement under Subsection (c) may grant the
authority to regulate subdivision plats and approve related permits
in the extraterritorial jurisdiction of a municipality as follows:
(1) <,> the municipality may be granted exclusive
jurisdiction to regulate subdivision plats and approve related
permits in the extraterritorial jurisdiction and may regulate
subdivisions under Subchapter A of Chapter 212 and other statutes
applicable to municipalities;
(2) <, and> the county may be granted exclusive
jurisdiction to regulate subdivision plats and approve related
permits in the extraterritorial jurisdiction and may regulate
subdivisions under Sections 232.001-232.005, Subchapter B or C,
Chapter 232, and other statutes applicable to counties;
(3) the municipality and the county may apportion the
area within the extraterritorial jurisdiction of the municipality
with the municipality regulating subdivision plats and approving
related permits in the area assigned to the municipality and the
county regulating subdivision plats and approving related permits
in the area assigned to the county; or
(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>.
(e) <(d)> In an unincorporated area outside the
extraterritorial jurisdiction of a municipality, the municipality
may not regulate subdivisions or approve the filing of plats,
except as provided by The Interlocal Cooperation Act, Chapter 791,
Government Code <(Article 4413(32c), Vernon's Texas Civil
Statutes)>.
(f) This subsection applies until an agreement is reached
under Subsection (d). For an area in a municipality's
extraterritorial jurisdiction, as defined by Section 212.001, a
plat may not be filed with the county clerk without the approval of
both the municipality and the county. If a municipal regulation
and a county regulation relating to plats and subdivisions of land
conflict, the more stringent regulation prevails. However, if one
governmental entity requires a plat to be filed for the subdivision
of a particular tract of land in the extraterritorial jurisdiction
of the municipality and the other governmental entity does not
require the filing of a plat for that subdivision, the authority
responsible for approving plats for the governmental entity that
does not require the filing shall 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. The
certification must be attached to a plat required to be filed under
this subsection.
(g) Subsection (f) applies to a county and area to which
Subsections (b)-(e) do not apply.
SECTION 2. This Act takes effect September 1, 2001.