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.