SRC-SEW H.B. 1445 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1445
By: Turner, Bob (Wentworth)
Intergovernmental Relations
5/6/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, a subdivision in the extraterritorial jurisdiction (ETJ)
of a municipality is subject to both municipal and county development
regulations. This may lead to unnecessary expenses and delays for property
owners because municipalities and counties have different standards,
requirements, and levels of authority over subdivisions. H.B. 1445 provides
for an agreement between the county and the municipality to regulate a
subdivision in the ETJ of a municipality.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 242.001, Local Government Code, as follows:
 
Sec. 242.001.  (a) Provides that Subsections (b)-(e) do not apply to a
county with a municipality with a population of 1.9 million or more, or to
the extraterritorial jurisdiction of such a municipality.  Provides that
Subsection (g) applies to a county and area to which Subsections (b)-(e) do
not apply. 

(b)  Prohibits, for an area in a municipality's extraterritorial
jurisdiction, as defined by Section 212.001, a plat from being filed with
the county clerk without the approval of the governmental entity authorized
under Subsection (c) or (d) to regulate subdivisions in the area (rather
than the approval of both the municipality and the county.  Deletes text
regarding conditions under which one governmental entity requires a plat to
be filed while another does not.   

(c)  Prohibits a municipality and a county, except as provided by
Subsection (d)(4), from both regulating subdivisions in the
extraterritorial jurisdiction of a municipality. Requires the municipality
and the county to enter into a written agreement that identifies the
governmental entity authorized to regulate subdivision plats and approve
related permits in the extraterritorial jurisdiction.  Sets forth
guidelines for municipalities in existence on September 1, 2001, and for
those incorporated after September 1, 2001. Sets forth guidelines regarding
the agreement.  Requires the municipality to notify the county of any
expansion or reduction in the municipality's extraterritorial jurisdiction. 

(d)  Authorizes an agreement under Subsection (c) to grant the authority to
regulate subdivision plats and approve related permits in the
extraterritorial jurisdiction of a municipality.  Sets forth guidelines for
such an agreement.   

(e)  Sets forth guidelines regarding a situation in which a municipality
and a county fail to enter into a written agreement as required by
Subsection (c). 

 (f) Prohibits a municipality, in an unincorporated area outside the
extraterritorial jurisdiction of a municipality, from regulating
subdivisions or approving the filing of plats, except as provided by The
Interlocal Cooperation Act, Chapter 791, Government Code (rather than
(Article 4413(32c), V.T.C.S.).  Makes a nonsubstantive change. 

(g)  Prohibits a plat, for an area in a municipality's extraterritorial
jurisdiction, as defined by Section 212.001, from being filed with the
county clerk without the approval of both the municipality and the county.
Sets forth guidelines regarding a situation under which only 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. 

SECTION 2.  Effective date:  September 1, 2001.