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
1-7 amended 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:
1-12 (1) within a county that contains extraterritorial
1-13 jurisdiction of a municipality with a population of 1.9 million or
1-14 more; or
1-15 (2) within a county within 50 miles of an
1-16 international border, or to which Subchapter C, Chapter 232,
1-17 applies.
1-18 (b) For an area in a municipality's extraterritorial
1-19 jurisdiction, as defined by Section 212.001, a plat may not be
1-20 filed with the county clerk without the approval of [both] the
1-21 governmental entity authorized under Subsection (c) or (d) to
1-22 regulate subdivisions in the area [municipality and the county.
1-23 However, if one of those governmental entities requires a plat to
1-24 be filed for the subdivision of a particular tract of land in the
2-1 extraterritorial jurisdiction of the municipality and the other
2-2 governmental entity does not require the filing of a plat for that
2-3 subdivision, the authority responsible for approving plats for the
2-4 governmental entity that does not require the filing shall issue on
2-5 request of the subdivider a written certification stating that a
2-6 plat is not required to be filed for that subdivision of the land.
2-7 The certification must be attached to a plat required to be filed
2-8 under this subsection].
2-9 (c) Except as provided by Subsections (d)(3) and (4), a
2-10 municipality and a county may not both regulate subdivisions in
2-11 [In] the extraterritorial jurisdiction of a municipality after an
2-12 agreement under Subsection (d) is executed. The municipality and
2-13 the county shall enter into a written agreement that identifies the
2-14 governmental entity authorized to regulate subdivision plats and
2-15 approve related permits in the extraterritorial jurisdiction. For
2-16 a municipality in existence on September 1, 2001, the municipality
2-17 and county shall enter into a written agreement under this
2-18 subsection on or before April 1, 2002. For a municipality
2-19 incorporated after September 1, 2001, the municipality and county
2-20 shall enter into a written agreement under this subsection not
2-21 later than the 120th day after the date the municipality
2-22 incorporates. The municipality and the county shall adopt the
2-23 agreement by order, ordinance, or resolution. The agreement must
2-24 be amended by the municipality and the county if necessary to take
2-25 into account an expansion or reduction in the extraterritorial
2-26 jurisdiction of the municipality. The municipality shall notify
2-27 the county of any expansion or reduction in the municipality's
3-1 extraterritorial jurisdiction. Any expansion or reduction in the
3-2 municipality's extraterritorial jurisdiction that affects property
3-3 that is subject to a preliminary or final plat filed with the
3-4 municipality or that was previously approved under Section 212.009
3-5 does not affect any rights accrued under Chapter 245. The approval
3-6 of the plat or any permit remains effective as provided by Chapter
3-7 245 regardless of the change in designation as extraterritorial
3-8 jurisdiction of the municipality.
3-9 (d) An agreement under Subsection (c) may grant the
3-10 authority to regulate subdivision plats and approve related permits
3-11 in the extraterritorial jurisdiction of a municipality as follows:
3-12 (1) [,] the municipality may be granted exclusive
3-13 jurisdiction to regulate subdivision plats and approve related
3-14 permits in the extraterritorial jurisdiction and may regulate
3-15 subdivisions under Subchapter A of Chapter 212 and other statutes
3-16 applicable to municipalities;
3-17 (2) [, and] the county may be granted exclusive
3-18 jurisdiction to regulate subdivision plats and approve related
3-19 permits in the extraterritorial jurisdiction and may regulate
3-20 subdivisions under Sections 232.001-232.005, Subchapter B or C,
3-21 Chapter 232, and other statutes applicable to counties;
3-22 (3) the municipality and the county may apportion the
3-23 area within the extraterritorial jurisdiction of the municipality
3-24 with the municipality regulating subdivision plats and approving
3-25 related permits in the area assigned to the municipality and the
3-26 county regulating subdivision plats and approving related permits
3-27 in the area assigned to the county; or
4-1 (4) the municipality and the county may enter into an
4-2 interlocal agreement that:
4-3 (A) establishes one office that is authorized
4-4 to:
4-5 (i) accept plat applications for tracts of
4-6 land located in the extraterritorial jurisdiction;
4-7 (ii) collect municipal and county plat
4-8 application fees in a lump-sum amount; and
4-9 (iii) provide applicants one response
4-10 indicating approval or denial of the plat application; and
4-11 (B) establishes a consolidated and consistent
4-12 set of regulations related to plats and subdivisions of land as
4-13 authorized by Chapter 212, Sections 232.001-232.005, Subchapters B
4-14 and C, Chapter 232, and other statutes applicable to municipalities
4-15 and counties that will be enforced in the extraterritorial
4-16 jurisdiction[. If a municipal regulation conflicts with a county
4-17 regulation, the more stringent provisions prevail].
4-18 (e) [(d)] In an unincorporated area outside the
4-19 extraterritorial jurisdiction of a municipality, the municipality
4-20 may not regulate subdivisions or approve the filing of plats,
4-21 except as provided by The Interlocal Cooperation Act, Chapter 791,
4-22 Government Code [(Article 4413(32c), Vernon's Texas Civil
4-23 Statutes)].
4-24 (f) This subsection applies until an agreement is reached
4-25 under Subsection (d). For an area in a municipality's
4-26 extraterritorial jurisdiction, as defined by Section 212.001, a
4-27 plat may not be filed with the county clerk without the approval of
5-1 both the municipality and the county. If a municipal regulation
5-2 and a county regulation relating to plats and subdivisions of land
5-3 conflict, the more stringent regulation prevails. However, if one
5-4 governmental entity requires a plat to be filed for the subdivision
5-5 of a particular tract of land in the extraterritorial jurisdiction
5-6 of the municipality and the other governmental entity does not
5-7 require the filing of a plat for that subdivision, the authority
5-8 responsible for approving plats for the governmental entity that
5-9 does not require the filing shall issue on request of the
5-10 subdivider a written certification stating that a plat is not
5-11 required to be filed for that subdivision of the land. The
5-12 certification must be attached to a plat required to be filed under
5-13 this subsection.
5-14 (g) Subsection (f) applies to a county and area to which
5-15 Subsections (b)-(e) do not apply.
5-16 SECTION 2. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1445 was passed by the House on April
25, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1445 on May 24, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1445 was passed by the Senate, with
amendments, on May 21, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor