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78R7332 AKH-D
By: Flores H.B. No. 2438
A BILL TO BE ENTITLED
AN ACT
relating to the authority to regulate subdivisions of land and
issue certain permits in the municipality's extraterritorial
jurisdiction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 232.0015(b), Local Government Code, is
amended to read as follows:
(b) Notwithstanding other provisions of this subchapter,
this [This] subchapter does not apply to a subdivision of land:
(1) to which Subchapter B applies; or
(2) in the extraterritorial jurisdiction of
municipalities, as determined under Chapter 42.
SECTION 2. Section 232.022(c), Local Government Code, is
amended to read as follows:
(c) For purposes of this section, land is considered to be
in the jurisdiction of a county if the land is located in the county
and outside municipalities and the extraterritorial jurisdiction
of municipalities, as determined under Chapter 42 [the corporate
limits of municipalities].
SECTION 3. Section 232.071, Local Government Code, is
amended to read as follows:
Sec. 232.071. APPLICABILITY. This subchapter applies only
to the subdivision of land located:
(1) outside the corporate limits of municipalities and
the extraterritorial jurisdiction of municipalities, as determined
under Chapter 42 [a municipality]; and
(2) in a county:
(A) eligible for financial assistance under
Section 15.407, Water Code, or Subchapter K, Chapter 17, Water
Code; and
(B) to which Subchapter B does not apply.
SECTION 4. Section 232.101(a), Local Government Code, is
amended to read as follows:
(a) By an order adopted and entered in the minutes of the
commissioners court and after a notice is published in a newspaper
of general circulation in the county, the commissioners court may
adopt rules governing plats and subdivisions of land within the
unincorporated area of the county and outside municipalities'
extraterritorial jurisdiction, as determined under Chapter 42, to
promote the health, safety, morals, or general welfare of the
county and the safe, orderly, and healthful development of the
unincorporated area of the county.
SECTION 5. Section 233.062(a), Local Government Code, is
amended to read as follows:
(a) The fire code applies only to the following buildings
constructed in an unincorporated area of the county and outside the
extraterritorial jurisdiction of municipalities, as determined
under Chapter 42:
(1) a commercial establishment; and
(2) a public building.
SECTION 6. Section 233.063(a), Local Government Code, is
amended to read as follows:
(a) A person may not construct a building described by
Section 233.062(a) in an unincorporated area of the county and
outside the extraterritorial jurisdiction of municipalities, as
determined under Chapter 42, unless the person obtains a building
permit issued in accordance with this subchapter.
SECTION 7. Chapter 233, Local Government Code, is amended
by adding Subchapter Z to read as follows:
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
Sec. 233.901. COUNTY BUILDING PERMIT IN EXTRATERRITORIAL
JURISDICTION PROHIBITED. A county may not require a permit to erect
or improve a building or other structure in the extraterritorial
jurisdiction of a municipality, as defined by Chapter 42.
SECTION 8. Subchapter Z, Chapter 214, Local Government
Code, is amended by adding Section 214.904 to read as follows:
Sec. 214.904. ISSUANCE OF BUILDING PERMIT IN
EXTRATERRITORIAL JURISDICTION. A municipality may issue a permit
to erect or improve a building or other structure in the
municipality's extraterritorial jurisdiction. The municipality
shall develop criteria governing the issuance of the permit as
necessary to protect the public health and safety.
SECTION 9. Chapter 242, Local Government Code, is repealed.
SECTION 10. The changes in law made by this Act to Chapter
233, Local Government Code, apply only to a building or other
structure on which construction or improvements began on or after
September 1, 2003.
SECTION 11. The changes in law made by this Act to Chapter
232, Local Government Code, apply only to a subdivision plat that is
filed on or after September 1, 2003, and to the subdivision covered
by that plat. A subdivision plat that is filed before September 1,
2003, and the subdivision covered by that plat are governed by the
law in effect immediately preceding that date, and the former law is
continued in effect for that purpose.
SECTION 12. This Act takes effect September 1, 2003.