By Turner of Coleman H.B. No. 1445
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of municipalities and counties to
1-3 regulate subdivisions in the extraterritorial jurisdiction of a
1-4 municipality.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 242.001, Local Government Code, is amended
1-7 to read as follows:
1-8 Sec. 242.001. REGULATION OF SUBDIVISIONS GENERALLY. (a)
1-9 This section applies only to a county operating under Sections
1-10 232.001-232.005 or Subchapter B or C, Chapter 232. Subsections
1-11 (b)-(e) do not apply to a county with a municipality with a
1-12 population of 1.9 million or more, or to the extraterritorial
1-13 jurisdiction of such a municipality. Subsection (g) applies to a
1-14 county and area to which Subsections (b)-(e) do not apply.
1-15 (b) For an area in a municipality's extraterritorial
1-16 jurisdiction, as defined by Section 212.001, a plat may not be
1-17 filed with the county clerk without the approval of [both] the
1-18 governmental entity authorized under Subsection (c) or (d) to
1-19 regulate subdivisions in the area [municipality and the county].
1-20 [However, if one of those governmental entities requires a plat to
1-21 be filed for the subdivision of a particular tract of land in the
1-22 extraterritorial jurisdiction of the municipality and the other
1-23 governmental entity does not require the filing of a plat for that
1-24 subdivision, the authority responsible for approving plats for the
2-1 governmental entity that does not require the filing shall issue on
2-2 request of the subdivider a written certification stating that a
2-3 plat is not required to be filed for that subdivision of the land.
2-4 The certification must be attached to a plat required to be filed
2-5 under this subsection.]
2-6 (c) Except as provided by Subsection (d)(4), a municipality
2-7 and a county may not both regulate subdivisions in [In] the
2-8 extraterritorial jurisdiction of a municipality. The municipality
2-9 and the county shall enter into a written agreement that identifies
2-10 the governmental entity authorized to regulate subdivision plats
2-11 and approve related permits in the extraterritorial jurisdiction.
2-12 For a municipality in existence on September 1, 2001, the
2-13 municipality and county shall enter into a written agreement under
2-14 this subsection on or before January 1, 2002. For a municipality
2-15 incorporated after September 1, 2001, the municipality and county
2-16 shall enter into a written agreement under this subsection not
2-17 later than the 120th day after the date the municipality
2-18 incorporates. The municipality and the county shall adopt the
2-19 agreement by order, ordinance, or resolution. The agreement must
2-20 be amended by the municipality and the county if necessary to take
2-21 into account an expansion or reduction in the extraterritorial
2-22 jurisdiction of the municipality. The municipality shall notify
2-23 the county of any expansion or reduction in the municipality's
2-24 extraterritorial jurisdiction.
2-25 (d) An agreement under Subsection (c) may grant the
2-26 authority to regulate subdivision plats and approve related permits
2-27 in the extraterritorial jurisdiction of a municipality as follows:
3-1 (1) [,] the municipality may be granted exclusive
3-2 jurisdiction to regulate subdivision plats and approve related
3-3 permits in the extraterritorial jurisdiction and may regulate
3-4 subdivisions under Subchapter A of Chapter 212 and other statutes
3-5 applicable to municipalities;
3-6 (2) [, and] the county may be granted exclusive
3-7 jurisdiction to regulate subdivision plats and approve related
3-8 permits in the extraterritorial jurisdiction and may regulate
3-9 subdivisions under Sections 232.001-232.005, Subchapter B or C,
3-10 Chapter 232, and other statutes applicable to counties;
3-11 (3) the municipality and the county may apportion the
3-12 area within the extraterritorial jurisdiction of the municipality
3-13 with the municipality regulating subdivision plats and approving
3-14 related permits in the area assigned to the municipality and the
3-15 county regulating subdivision plats and approving related permits
3-16 in the area assigned to the county; or
3-17 (4) the municipality and the county may enter into an
3-18 interlocal agreement that:
3-19 (A) establishes one office that is authorized
3-20 to:
3-21 (i) accept plat applications for tracts of
3-22 land located in the extraterritorial jurisdiction;
3-23 (ii) collect municipal and county plat
3-24 application fees in a lump-sum amount; and
3-25 (iii) provide applicants one response
3-26 indicating approval or denial of the plat application; and
3-27 (B) establishes a consolidated and consistent
4-1 set of regulations related to plats and subdivisions of land as
4-2 authorized by Chapter 212, Sections 232.001-232.005, Subchapters B
4-3 and C, Chapter 232, and other statutes applicable to municipalities
4-4 and counties that will be enforced in the extraterritorial
4-5 jurisdiction[. If a municipal regulation conflicts with a county
4-6 regulation, the more stringent provisions prevail].
4-7 (e) If a municipality and a county fail to enter into a
4-8 written agreement as required by Subsection (c), the issues in
4-9 dispute shall be submitted to a binding arbitration process that
4-10 uses a qualified alternative dispute resolution arbitrator not
4-11 later than the fifth day after the expiration of the period
4-12 prescribed by Subsection (c) for entering into a written agreement.
4-13 Each party shall submit its final proposal to the arbitrator not
4-14 later than the 15th day after the expiration of the period
4-15 prescribed by Subsection (c) for entering into a written agreement.
4-16 If the parties cannot agree on an arbitrator, the county shall
4-17 select an arbitrator, the municipality shall select an arbitrator,
4-18 and those two arbitrators shall select an arbitrator who will
4-19 decide the issues in dispute. Each party shall pay one-half of the
4-20 arbitration costs. The arbitrator shall issue a decision not later
4-21 than the 45th day after the expiration of the period prescribed by
4-22 Subsection (c) for entering into a written agreement. An
4-23 arbitration decision issued under this subsection is enforceable in
4-24 a court in the county in which the municipality's extraterritorial
4-25 jurisdiction is located.
4-26 (f) [(d)] In an unincorporated area outside the
4-27 extraterritorial jurisdiction of a municipality, the municipality
5-1 may not regulate subdivisions or approve the filing of plats,
5-2 except as provided by The Interlocal Cooperation Act, Chapter 791,
5-3 Government Code [(Article 4413(32c), Vernon's Texas Civil
5-4 Statutes)].
5-5 (g) For an area in a municipality's extraterritorial
5-6 jurisdiction, as defined by Section 212.001, a plat may not be
5-7 filed with the county clerk without the approval of both the
5-8 municipality and the county. However, if one of those governmental
5-9 entities requires a plat to be filed for the subdivision of a
5-10 particular tract of land in the extraterritorial jurisdiction of
5-11 the municipality and the other governmental entity does not require
5-12 the filing of a plat for that subdivision, the authority
5-13 responsible for approving plats for the governmental entity that
5-14 does not require the filing shall issue on request of the
5-15 subdivider a written certification stating that a plat is not
5-16 required to be filed for that subdivision of the land. The
5-17 certification must be attached to a plat required to be filed under
5-18 this subsection.
5-19 SECTION 2. This Act takes effect September 1, 2001.