HBA-LJP H.B. 1445 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1445
By: Turner, Bob
Land & Resource Management
6/14/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, a subdivision in the extraterritorial
jurisdiction (ETJ) of a municipality was subject to both municipal and
county development regulations.  This may have led to unnecessary expenses
and delays for property owners because municipalities and counties have
different standards, requirements, and levels of authority over
subdivisions.  House Bill 1445 provides for an agreement between the county
and the municipality to regulate a subdivision in the ETJ of a
municipality. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1445 amends the Local Government Code to prohibit a plat from
being filed with the county clerk without the approval of the appropriate
governmental entity. 

The bill prohibits a municipality and county from regulating subdivisions
in the extraterritorial jurisdiction (ETJ) of the municipality after an
agreement is executed that identifies whether the county or the
municipality is authorized to regulate subdivision plats and approve
related permits in the ETJ.  The bill requires a municipality and a county
by a specified time period to enter into such written agreement and adopt
the agreement by order, ordinance, or resolution.  The bill also sets forth
provisions relating to the notification and the amendment of the agreement
if there is any expansion or reduction in the ETJ. 

The bill also authorizes the municipality and the county to enter into an
interlocal agreement that establishes one office that is authorized to
regulate plat application procedures for the ETJ and establishes a
consolidated and consistent sets of regulations related to plats and
subdivisions of land. 

Until a written agreement is reached between the county and municipality,
the bill prohibits a plat from being filed with the county clerk for an
area in a municipality's ETJ without the approval of  both the municipality
and the county.  The bill also sets forth procedures for the filing of a
plat if one governmental entity requires the filing for the subdivision of
a particular tract of land in the ETJ and the other governmental entity
does not require such a filing. 

The above provisions do not apply within a county that contains an ETJ of a
municipality with a population of 1.9 million or more or within a county
within 50 miles of an international border or a county which platting
requirements in certain economically distressed areas is applied. 

EFFECTIVE DATE

September 1, 2001.