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.