SRC-VRA S.B. 544 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 544
78R1898 AKH-FBy: Wentworth
Intergovernmental Relations
3/19/2003
As Filed


DIGEST AND PURPOSE 

The 77th Texas Legislature passed legislation which enabled subdivisions
in the extraterritorial jurisdiction (ETJ) of a municipality to not be
subject to both municipal and county development regulations by
consolidating development regulations.  As proposed, S.B. 544 divides
counties into two classes:  counties with a population of 700,000 or more
and populous and less populous counties. Since less populous counties are
not experiencing the same level of development as are urban counties,
problems with dual regulation are not as apparent.  In those counties,
dual regulation of subdivisions would be allowed.  In populous counties,
however, regulation of subdivisions in the ETJ would become the exclusive
responsibility of the county. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Reenacts and amends Section 242.001, Local Government Code, as
amended by Chapters 736 and 1028, Acts of the 77th Legislature, Regular
Session, 2001, as follows: 
 
Sec. 242.001.  New heading:  REGULATION OF SUBDIVISIONS IN
EXTRATERRITORIAL JURISDICTION GENERALLY.  (a)  Provides that this section
applies to a county unless the county is subject to Section 242.002 

  (b)  Adds "subdivision" to existing text as a modifier for "plat." 
 
(c)  Authorizes a municipality, in the extraterritorial jurisdiction of
the municipality, to regulate plats and subdivisions in accordance with
Chapter 212A and other statutes applicable to municipalities, and
authorizes the county to regulate plats and subdivisions in accordance
with Chapter 232 and other statutes applicable to counties. Provides that
if a municipal regulation conflicts with a county regulation: 
  
(1)  the county regulation prevails if it relates to the design and
construction of roads, road drainage infrastructure, or subdivision
drainage infrastructure; and 
  
(2)  the municipal regulation prevails in all other cases.
Deletes existing text regarding conflict with a county regulation.

SECTION 2.  Amends Chapter 242, Local Government Code, by amending Section
242.002 and by redesignating Subsection (d) of that section as Section
242.003, as follows: 
 
Sec. 242.002.  New heading:  REGULATION OF SUBDIVISIONS IN
EXTRATERRITORIAL JURISDICTION IN POPULOUS COUNTIES OR CONTIGUOUS COUNTIES.
(a)  Provides that this section applies only to a county that  meets
certain qualifications. 
  
(b)  Provides that, for an area in a municipality's extraterritorial
jurisdiction, as defined by Section 212.001, a subdivision plat may not be
filed with the county clerk without the approval of the governmental
entity authorized under Subsection (c) or (d) to regulate subdivisions in
the area. 
 
(c)  Provides that, in the extraterritorial jurisdiction of a
municipality, the county has exclusive authority to regulate plats and
subdivisions in accordance with Chapter 232 and other statutes applicable
to counties. 
 
(d)  Authorizes the county and municipality to enter into an interlocal
agreement that authorizes the municipality to perform certain functions. 
 
(e)  Provides that an agreement under Subsection (d) is valid only if
certain conditions are met. 
 
Sec. 242.003.  REGULATION OF SUBDIVISIONS OUTSIDE EXTRATERRITORIAL
JURISDICTION.  Provides that in each county in an unincorporated area
outside the extraterritorial jurisdiction of a municipality, the
municipality may not regulate subdivisions or approve the filing of plats,
except as provided by The Interlocal Cooperation Act, Chapter 791,
Government Code. 

SECTION 3.  Amends Chapter 212A, Local Government Code, by adding Section
212.0025, as follows: 
 
Sec. 212.0025.  CHAPTER-WIDE PROVISION RELATING TO REGULATION OF PLATS AND
SUBDIVISIONS IN EXTRATERRITORIAL JURISDICTION.  Provides that the
authority of a municipality under this chapter relating to the regulation
of plats or subdivisions in the municipality's extraterritorial
jurisdiction is subject to any applicable limitation prescribed by Section
242.001 or 242.002. 

SECTION 4.  Amends Chapter 232A, Local Government Code, by adding Section
232.0013 to make a conforming change. 

SECTION 5.  Amends Section 232.0015(b), Local Government Code, to make a
conforming change. 

SECTION 6.  Amends Section 232.006(b), Local Government Code, to delete
current language from existing text regarding application of this section.

SECTION 7.  Amends Section 232.008(a), Local Government Code, to make
conforming changes. 

SECTION 8.  Makes application of this Act prospective.  

SECTION 9. Effective date: September 1, 2003.