77R10849 PAM-D
By Turner of Coleman H.B. No. 1445
Substitute the following for H.B. No. 1445:
By Turner of Coleman C.S.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. Chapter 242, Local Government Code, is amended by
1-7 amending Section 242.001 and adding Section 242.0015 to read as
1-8 follows:
1-9 Sec. 242.001. REGULATION OF SUBDIVISIONS GENERALLY. (a)
1-10 This section applies only to a county operating under Sections
1-11 232.001-232.005 or Subchapter B or C, Chapter 232.
1-12 (b) For an area in a municipality's extraterritorial
1-13 jurisdiction, as defined by Section 212.001, a plat may not be
1-14 filed with the county clerk without the approval of [both] the
1-15 governmental entity authorized under Subsection (c) or (e) to
1-16 regulate subdivisions in the area [municipality and the county].
1-17 [However, if one of those governmental entities requires a plat to
1-18 be filed for the subdivision of a particular tract of land in the
1-19 extraterritorial jurisdiction of the municipality and the other
1-20 governmental entity does not require the filing of a plat for that
1-21 subdivision, the authority responsible for approving plats for the
1-22 governmental entity that does not require the filing shall issue on
1-23 request of the subdivider a written certification stating that a
1-24 plat is not required to be filed for that subdivision of the land.
2-1 The certification must be attached to a plat required to be filed
2-2 under this subsection.]
2-3 (c) A municipality and a county may not both regulate
2-4 subdivisions in [In] the extraterritorial jurisdiction of a
2-5 municipality. On or before January 1, 2002, the municipality and
2-6 the county shall enter into a written agreement that identifies the
2-7 governmental entity authorized to regulate subdivision plats and
2-8 approve related permits in the extraterritorial jurisdiction. The
2-9 municipality and the county shall adopt the agreement by order,
2-10 ordinance, or resolution. The agreement must be amended by the
2-11 municipality and the county if necessary to take into account an
2-12 expansion or reduction in the extraterritorial jurisdiction of the
2-13 municipality. The municipality shall notify the county of any
2-14 expansion or reduction in the municipality's extraterritorial
2-15 jurisdiction.
2-16 (d) An agreement under Subsection (c) may grant the
2-17 authority to regulate subdivision plats and approve related permits
2-18 in the extraterritorial jurisdiction of a municipality as follows:
2-19 (1) [,] the municipality may be granted exclusive
2-20 jurisdiction to regulate subdivision plats and approve related
2-21 permits in the extraterritorial jurisdiction and may regulate
2-22 subdivisions under Subchapter A of Chapter 212 and other statutes
2-23 applicable to municipalities;
2-24 (2) [, and] the county may be granted exclusive
2-25 jurisdiction to regulate subdivision plats and approve related
2-26 permits in the extraterritorial jurisdiction and may regulate
2-27 subdivisions under Sections 232.001-232.005, Subchapter B or C,
3-1 Chapter 232, and other statutes applicable to counties;
3-2 (3) the municipality and the county may apportion the
3-3 area within the extraterritorial jurisdiction of the municipality
3-4 with the municipality regulating subdivision plats and approving
3-5 related permits in the area assigned to the municipality and the
3-6 county regulating subdivision plats and approving related permits
3-7 in the area assigned to the county; or
3-8 (4) the municipality and the county may enter into an
3-9 interlocal agreement that establishes:
3-10 (A) a single governmental entity that is
3-11 authorized to accept applications, collect fees, and take final
3-12 action on plats and related permits in the extraterritorial
3-13 jurisdiction;
3-14 (B) a list of subdivision requirements
3-15 authorized under Chapter 212, Sections 232.001-232.005, Subchapter
3-16 B or C, Chapter 232, or other statutes applicable to municipalities
3-17 or counties that will be enforced in the extraterritorial
3-18 jurisdiction; and
3-19 (C) a procedure to comply with the provisions of
3-20 Section 232.0025 [. If a municipal regulation conflicts with a
3-21 county regulation, the more stringent provisions prevail].
3-22 (e) If a municipality and a county do not enter into an
3-23 agreement as required by Subsection (c), subdivision plats and
3-24 related permits in the extraterritorial jurisdiction of a
3-25 municipality shall be regulated and approved as follows until an
3-26 agreement is executed:
3-27 (1) the municipality may regulate subdivision plats
4-1 and approve related permits under Subchapter A, Chapter 212, and
4-2 other statutes applicable to municipalities if the entire area of
4-3 the subdivision is included in the municipality's extraterritorial
4-4 jurisdiction when the application for a plat approval is filed; and
4-5 (2) the county may regulate subdivision plats and
4-6 approve related permits under Sections 232.001-232.005, or
4-7 Subchapter B or C, Chapter 232, and other statutes applicable to
4-8 counties if all or part of the subdivision is not included in the
4-9 municipality's extraterritorial jurisdiction when the application
4-10 for a plat approval is filed.
4-11 (f) [(d)] In an unincorporated area outside the
4-12 extraterritorial jurisdiction of a municipality, the municipality
4-13 may not regulate subdivisions or approve the filing of plats,
4-14 except as provided by The Interlocal Cooperation Act, Chapter 791,
4-15 Government Code [(Article 4413(32c), Vernon's Texas Civil
4-16 Statutes)].
4-17 SECTION 2. This Act takes effect September 1, 2001.