By Turner of Coleman                                  H.B. No. 1445
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to authority of municipalities and counties to regulate
 1-3     subdivisions in a municipality's extraterritorial jurisdiction.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 242, Local Government Code, is amended to
 1-6     read as follows:
 1-7       CHAPTER 242.  AUTHORITY OF MUNICIPALITY AND COUNTY TO REGULATE
 1-8         SUBDIVISIONS IN AND OUTSIDE MUNICIPALITY'S EXTRATERRITORIAL
 1-9                                JURISDICTION
1-10           Sec. 242.001.  REGULATION OF SUBDIVISIONS GENERALLY. (a)
1-11     This section applies only to a county operating under Sections
1-12     232.001-232.005 or Subchapter B or C, Chapter 232.
1-13           (b)  For an area in a municipality's extraterritorial
1-14     jurisdiction, as defined by Section 212.001, a plat may not be
1-15     filed with the county clerk without the approval of [both] the
1-16     appropriate governmental entity as defined by Subsection (c)
1-17     [municipality and the county.  However, if one of those
1-18     governmental entities requires a plat to be filed for the
1-19     subdivision of a particular tract of land in the extraterritorial
1-20     jurisdiction of the municipality and the other governmental entity
1-21     does not require the filing of a plat for that subdivision, the
1-22     authority responsible for approving plats for the governmental
 2-1     entity that does not require the filing shall issue on request of
 2-2     the subdivider a written certification stating that a plat is not
 2-3     required to be filed for that subdivision of the land.  The
 2-4     certification must be attached to a plat required to be filed under
 2-5     this subsection.]
 2-6           (c)  In the extraterritorial jurisdiction of a
 2-7     municipality:[,]
 2-8                 (1)  the municipality may regulate subdivisions under
 2-9     Subchapter A of Chapter 212 and other statutes applicable to
2-10     municipalities only if the subdivision was wholly included in the
2-11     municipality's annexation plan as described by Section 43.052(c),
2-12     Local Government Code, at the time the application for the plat was
2-13     filed; [,] and
2-14                 (2)  the county may regulate subdivisions under
2-15     Sections 232.001-232.005, Subchapter B or C, Chapter 232, and other
2-16     statutes applicable to counties only if all or part of the
2-17     subdivision was not included in the municipality's annexation plan
2-18     as described by Section 43.052(c), Local Government Code, at the
2-19     time that application for the plat was filed. [If a municipal
2-20     regulation conflicts with a county regulation, the more stringent
2-21     provisions prevail.]
2-22           (d)  In an unincorporated area outside the extraterritorial
2-23     jurisdiction of a municipality, the municipality may not regulate
2-24     subdivisions or approve the filing of plats, except as provided by
2-25     The Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas
2-26     Civil Statutes).
 3-1           SECTION 2. This Act takes effect September 1, 2001.