By Wentworth                                          S.B. No. 1172
         77R8103 PAM-F                           
                                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.
1-10     (a)  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)  Except as provided by Section 242.0015, a municipality
 2-4     and a county may not both regulate subdivisions in [In] the
 2-5     extraterritorial jurisdiction of a municipality.  The municipality
 2-6     and the county shall enter into a written agreement that identifies
 2-7     the governmental entity authorized to regulate subdivisions in the
 2-8     extraterritorial jurisdiction.  The municipality and the county
 2-9     shall adopt the agreement by order, ordinance, or resolution.  The
2-10     agreement must be amended by the municipality and the county if
2-11     necessary to take into account an expansion or reduction in the
2-12     extraterritorial jurisdiction of the municipality.  The
2-13     municipality shall notify the county of any expansion or reduction
2-14     in the municipality's extraterritorial jurisdiction.
2-15           (d)  An agreement under Subsection (c) may grant the
2-16     authority to regulate subdivisions in the extraterritorial
2-17     jurisdiction of a municipality as follows:
2-18                 (1)  [,] the municipality may be granted exclusive
2-19     jurisdiction to regulate subdivisions in the extraterritorial
2-20     jurisdiction and may regulate subdivisions under Subchapter A of
2-21     Chapter 212 and other statutes applicable to municipalities;
2-22                 (2)  [, and] the county may be granted exclusive
2-23     jurisdiction to regulate subdivisions in the extraterritorial
2-24     jurisdiction and may regulate subdivisions under Sections
2-25     232.001-232.005, Subchapter B or C, Chapter 232, and other statutes
2-26     applicable to counties;
2-27                 (3)  the municipality and the county may apportion the
 3-1     area within the extraterritorial jurisdiction of the municipality
 3-2     with the municipality regulating subdivisions in the area assigned
 3-3     to the municipality and the county regulating subdivisions in the
 3-4     area assigned to the county; or
 3-5                 (4)  the municipality and the county may create an
 3-6     interlocal development board under Section 242.0015 to regulate
 3-7     subdivisions in the extraterritorial jurisdiction of the
 3-8     municipality [.  If a municipal regulation conflicts with a county
 3-9     regulation, the more stringent provisions prevail].
3-10           (e)  If a municipality and a county do not enter into an
3-11     agreement as required by Subsection (c), subdivisions in the
3-12     extraterritorial jurisdiction of a municipality shall be regulated
3-13     as follows until an agreement is executed:
3-14                 (1)  the municipality may regulate a subdivision under
3-15     Subchapter A, Chapter 212, and other statutes applicable to
3-16     municipalities if the entire area of the subdivision is included in
3-17     the municipality's annexation plan under Section 43.052 when the
3-18     application for a plat approval is filed; and
3-19                 (2)  the county may regulate a subdivision under
3-20     Sections 232.001-232.005, or Subchapter B or C, Chapter 232, and
3-21     other statutes applicable to counties if all or part of the
3-22     subdivision is not included in the municipality's annexation plan
3-23     under Section 43.052 when the application for a plat approval is
3-24     filed.
3-25           (f) [(d)]  In an unincorporated area outside the
3-26     extraterritorial jurisdiction of a municipality, the municipality
3-27     may not regulate subdivisions or approve the filing of plats,
 4-1     except as provided by The Interlocal Cooperation Act, Chapter 791,
 4-2     Government Code [(Article 4413(32c), Vernon's Texas Civil
 4-3     Statutes)].
 4-4           Sec. 242.0015.  REGULATION OF SUBDIVISIONS BY INTERLOCAL
 4-5     DEVELOPMENT BOARD. (a)  The agreement adopted under Section
 4-6     242.001(c) may establish or abolish an interlocal development
 4-7     board.
 4-8           (b)  An interlocal development board established under this
 4-9     section has the exclusive authority to regulate subdivisions in the
4-10     extraterritorial jurisdiction of the municipality under Subchapter
4-11     A, Chapter 212, Sections 232.001-232.005, Subchapter B or C,
4-12     Chapter 232, and other statutes applicable to the regulation of
4-13     subdivisions by municipalities or counties.
4-14           (c)  Except as provided by this subsection, if a municipal
4-15     regulation conflicts with a county regulation, the interlocal
4-16     development board may determine which regulation applies.  Section
4-17     232.0025 relating to the timely approval of plats controls to the
4-18     extent of any conflict with another provision of law.
4-19           (d)  The interlocal development board is composed of seven
4-20     members.  The governing body of the municipality shall appoint four
4-21     members.  The commissioners court of the county shall appoint three
4-22     members.  Members of the board serve staggered terms of two years,
4-23     with the terms of two municipal members and two county members
4-24     expiring in each even-numbered year and the terms of two municipal
4-25     members and one county member expiring in each odd-numbered year.
4-26     To be eligible to serve as a member of the board, a person must be
4-27     a United States citizen and a resident of the county.
 5-1           (e)  An agreement establishing an interlocal development
 5-2     board under this section must:
 5-3                 (1)  provide a method for electing a presiding officer
 5-4     and assistant presiding officer;
 5-5                 (2)  establish a date by which the board must elect the
 5-6     officers under Subdivision (1) and hold its initial meeting;
 5-7                 (3)  require the board to meet at least twice monthly
 5-8     to conduct business;
 5-9                 (4)  require the minutes from board meetings to be:
5-10                       (A)  made available to the public; and
5-11                       (B)  filed with the county clerk;
5-12                 (5)  require the board to adopt subdivision
5-13     regulations; and
5-14                 (6)  adopt rules and procedures as necessary to
5-15     administer this section.
5-16           SECTION 2. This Act takes effect January 1, 2002.