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


Office of House Bill AnalysisH.B. 1445
By: Turner, Bob
Land & Resource Management
3/14/2001
Introduced



BACKGROUND 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.  House Bill 1445
eliminates dual authority in a municipality's  ETJ by authorizing a
municipality to regulate a subdivision in the ETJ only if the subdivision
was wholly included in the municipality's annexation plan. The bill
authorizes a county to regulate such a subdivision if it was not wholly
included in the municipality's annexation plan. 

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 appropriate
governmental entities.  The bill provides that in the extraterritorial
jurisdiction of a municipality: the municipality is authorized to regulate
a subdivision only if the subdivision was wholly included in the
municipality's annexation plan at the time the application for the plat was
filed; and the county is authorized to regulate a subdivision only if all
or part of the subdivision was not included in the municipality's
annexation plan at the time the application for the plat was filed. 

EFFECTIVE DATE

September 1, 2001.