78R10503 AKH-D
By: Baxter H.B. No. 1204
Substitute the following for H.B. No. 1204:
By: Van Arsdale C.S.H.B. No. 1204
A BILL TO BE ENTITLED
AN ACT
relating to the authority of municipalities and counties to
regulate subdivisions and certain development in a municipality's
extraterritorial jurisdiction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading of Section 242.001, Local Government
Code, is amended to read as follows:
Sec. 242.001. REGULATION OF SUBDIVISIONS IN
EXTRATERRITORIAL JURISDICTION GENERALLY.
SECTION 2. Section 242.001, Local Government Code, is
amended by reenacting and amending Subsection (a), as amended by
Chapters 736 and 1028, Acts of the 77th Legislature, Regular
Session, 2001, by reenacting Subsection (c), as amended by Chapters
736 and 1028, Acts of the 77th Legislature, Regular Session, 2001,
and by amending Subsections (d), (f), and (g) to read as follows:
(a) This section applies only to a county operating under
Sections 232.001-232.005 or Subchapter B, C, or E, Chapter 232, and
a municipality that has extraterritorial jurisdiction in that
county. Subsections (b)-(e) do not apply:
(1) within a county that contains extraterritorial
jurisdiction of a municipality with a population of 1.9 million or
more; or
(2) within a county within 50 miles of an
international border, or to which Subchapter C, Chapter 232,
applies.
(c) Except as provided by Subsections (d)(3) and (4), a
municipality and a county may not both regulate subdivisions in the
extraterritorial jurisdiction of a municipality after an agreement
under Subsection (d) is executed. The municipality and the county
shall enter into a written agreement that identifies the
governmental entity authorized to regulate subdivision plats and
approve related permits in the extraterritorial jurisdiction. For
a municipality in existence on September 1, 2001, the municipality
and county shall enter into a written agreement under this
subsection on or before April 1, 2002. For a municipality
incorporated after September 1, 2001, the municipality and county
shall enter into a written agreement under this subsection not
later than the 120th day after the date the municipality
incorporates. The municipality and the county shall adopt the
agreement by order, ordinance, or resolution. The agreement must
be amended by the municipality and the county if necessary to take
into account an expansion or reduction in the extraterritorial
jurisdiction of the municipality. The municipality shall notify
the county of any expansion or reduction in the municipality's
extraterritorial jurisdiction. Any expansion or reduction in the
municipality's extraterritorial jurisdiction that affects property
that is subject to a preliminary or final plat filed with the
municipality or that was previously approved under Section 212.009
does not affect any rights accrued under Chapter 245. The approval
of the plat or any permit remains effective as provided by Chapter
245 regardless of the change in designation as extraterritorial
jurisdiction of the municipality.
(d) An agreement under Subsection (c) may grant the
authority to regulate subdivision plats and approve related permits
in the extraterritorial jurisdiction of a municipality as follows:
(1) the municipality may be granted exclusive
jurisdiction to regulate subdivision plats and approve related
permits in the extraterritorial jurisdiction and may regulate
subdivisions under Subchapter A of Chapter 212 and other statutes
applicable to municipalities;
(2) the county may be granted exclusive jurisdiction
to regulate subdivision plats and approve related permits in the
extraterritorial jurisdiction and may regulate subdivisions under
Sections 232.001-232.005, Subchapter B or C, Chapter 232, and other
statutes applicable to counties;
(3) the municipality and the county may apportion the
area within the extraterritorial jurisdiction of the municipality
with the municipality regulating subdivision plats and approving
related permits in the area assigned to the municipality and the
county regulating subdivision plats and approving related permits
in the area assigned to the county; or
(4) the municipality and the county may enter into an
interlocal agreement that:
(A) establishes one office that is authorized to:
(i) accept plat applications for tracts of
land located in the extraterritorial jurisdiction;
(ii) collect municipal and county plat
application fees in a lump-sum amount; and
(iii) provide applicants one response
indicating approval or denial of the plat application; and
(B) establishes a single set of consolidated and
consistent [set of] regulations related to plats, subdivision
construction plans, and subdivisions of land as authorized by
Chapter 212, Sections 232.001-232.005, Subchapters B and C, Chapter
232, and other statutes applicable to municipalities and counties
that will be enforced in the extraterritorial jurisdiction.
(f) This subsection applies only to a county and
municipality that are required to make an agreement under
Subsections (c) and (d) before the date the Act of the 78th
Legislature, Regular Session, 2003, amending this subsection takes
effect and that have not reached an agreement by that date. The
municipality and the county must enter into arbitration as provided
by Section 242.0015. If the arbitrator or arbitration panel, as
applicable, has not reached a decision in the 60-day period as
provided by Section 242.0015, the county has exclusive authority to
regulate plats and subdivisions in the extraterritorial
jurisdiction of the municipality in accordance with Chapter 232 and
other statutes applicable to counties. The county retains that
exclusive authority only until the arbitrator or arbitration panel
reaches a decision. [This subsection applies until an agreement is
reached under Subsection (d). For an area in a municipality's
extraterritorial jurisdiction, as defined by Section 212.001, a
plat may not be filed with the county clerk without the approval of
both the municipality and the county. If a municipal regulation and
a county regulation relating to plats and subdivisions of land
conflict, the more stringent regulation prevails. However, if one
governmental entity requires a plat to be filed for the subdivision
of a particular tract of land in the extraterritorial jurisdiction
of the municipality and the other governmental entity does not
require the filing of a plat for that subdivision, the authority
responsible for approving plats for the governmental entity that
does not require the filing shall issue on request of the subdivider
a written certification stating that a plat is not required to be
filed for that subdivision of the land. The certification must be
attached to a plat required to be filed under this subsection.]
(g) If a regulation adopted under this section relating to
plats and subdivisions of land or subdivision development conflicts
with a proposal or plan adopted by a metropolitan planning
organization, the proposal or plan of the metropolitan planning
organization prevails. [Subsection (f) applies to a county and
area to which Subsections (b)-(e) do not apply.]
SECTION 3. Chapter 242, Local Government Code, is amended
by adding Section 242.0015 to read as follows:
Sec. 242.0015. ARBITRATION REGARDING SUBDIVISION
REGULATION AGREEMENT. (a) This section applies only to a county
and a municipality that are required to make an agreement as
described under Section 242.001(f). If a county and a municipality
do not reach an agreement before the date the Act of the 78th
Legislature, Regular Session, 2003, amending that subsection takes
effect, the parties must arbitrate the disputed issues. A party may
not refuse to participate in arbitration requested under this
section.
(b) The county and the municipality must agree on an
individual to serve as arbitrator. If the county and the
municipality cannot agree on an individual to serve as arbitrator,
the county and the municipality shall each select an arbitrator and
the arbitrators selected shall select a third arbitrator.
(c) The third arbitrator selected under Subsection (b)
presides over the arbitration panel.
(d) Not later than the 30th day after the effective date of
this section, the arbitrator or arbitration panel, as applicable,
must be selected.
(e) The authority of the arbitrator or arbitration panel is
limited to issuing a decision relating only to the authority of the
county or municipality to regulate plats, subdivisions, or
development plans.
(f) Each party is equally liable for the costs of an
arbitration conducted under this section.
(g) The prevailing party of an arbitration conducted under
this section relating to regulation of infrastructure in the
subdivision is responsible for maintaining the aspect of the
infrastructure that is covered by the regulation.
(h) The arbitrator or arbitration panel, as applicable,
shall render a decision under this section not later than the 60th
day after the date the arbitrator or arbitration panel is selected.
If after a good faith effort the arbitrator or panel has not reached
a decision as provided under this subsection, the arbitrator or
panel shall continue to arbitrate the matter until the arbitrator
or panel reaches a decision.
(i) A municipality and a county may not arbitrate the
subdivision of an individual plat under this section.
(j) This section expires September 1, 2005.
SECTION 4. Subchapter A, Chapter 212, Local Government
Code, is amended by adding Section 212.0025 to read as follows:
Sec. 212.0025. CHAPTER-WIDE PROVISION RELATING TO
REGULATION OF PLATS AND SUBDIVISIONS IN EXTRATERRITORIAL
JURISDICTION. 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 an agreement under Section
242.001.
SECTION 5. Subchapter A, Chapter 232, Local Government
Code, is amended by adding Section 232.0013 to read as follows:
Sec. 232.0013. CHAPTER-WIDE PROVISION RELATING TO
REGULATION OF PLATS AND SUBDIVISIONS IN EXTRATERRITORIAL
JURISDICTION. The authority of a county under this chapter
relating to the regulation of plats or subdivisions in the
extraterritorial jurisdiction of a municipality is subject to any
applicable limitation prescribed by an agreement under Section
242.001 or by Section 242.002.
SECTION 6. Section 232.0015(b), Local Government Code, is
amended to read as follows:
(b) Except as provided by Section 232.0013, this [This]
subchapter does not apply to a subdivision of land to which
Subchapter B applies.
SECTION 7. If any provision of this Act or its application
to any county, municipality, or circumstance is held invalid, the
invalidity does not affect other provisions or applications of this
Act that can be given effect without the invalid provision or
application, and to this end the provisions of this Act are declared
to be severable.
SECTION 8. The changes in law made by this Act to Chapters
212, 232, and 242, Local Government Code, apply only to a
development agreement or subdivision plat that is filed on or after
the effective date of this Act, and to the subdivision covered by
the plat. A development agreement or subdivision plat that is filed
before the effective date of this Act, and the subdivision covered
by the plat, are governed by the law in effect immediately preceding
that date, and the former law is continued in effect for that
purpose.
SECTION 9. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.