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78R1898 AKH-F
By: Wentworth S.B. No. 544
A BILL TO BE ENTITLED
AN ACT
relating to the authority of municipalities and counties to
regulate subdivisions in a municipality's extraterritorial
jurisdiction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 242.001, Local Government Code, as
amended by Chapters 736 and 1028, Acts of the 77th Legislature,
Regular Session, 2001, is reenacted and amended to read as follows:
Sec. 242.001. REGULATION OF SUBDIVISIONS IN
EXTRATERRITORIAL JURISDICTION GENERALLY. (a) This section
applies [only] to a county unless the county is subject to Section
242.002 [operating under Sections 232.001-232.005 or Subchapter B,
C, or E, Chapter 232]. [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.]
(b) 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) In the extraterritorial jurisdiction of a municipality,
the municipality may regulate plats and subdivisions in accordance
with Subchapter A of Chapter 212 and other statutes applicable to
municipalities, and the county may regulate plats and subdivisions
in accordance with Chapter 232 and other statutes applicable to
counties. 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. [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 consolidated and consistent
set of regulations related to plats 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.
[(e) 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.
[(f) 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) Subsection (f) applies to a county and area to which
Subsections (b)-(e) do not apply.]
SECTION 2. Chapter 242, Local Government Code, is amended
by amending Section 242.002 and by redesignating Subsection (d) of
that section as Section 242.003 to read as follows:
Sec. 242.002. REGULATION OF SUBDIVISIONS IN
EXTRATERRITORIAL JURISDICTION IN POPULOUS COUNTIES OR CONTIGUOUS
COUNTIES. (a) This section applies only to a county that:
(1) has a population of 700,000 or more; or
(2) is adjacent to a county with a population of
700,000 or more and is within the same metropolitan statistical
area as that adjacent county, as designated by the United States
Office of Management and Budget [operating under Section 232.006].
(b) 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 [municipality].
(c) In the extraterritorial jurisdiction of a municipality,
the county [municipality] has exclusive authority to regulate plats
and subdivisions in accordance with Chapter 232 and other statutes
applicable to counties [under Subchapter A of Chapter 212 and other
statutes applicable to municipalities].
(d) The county and municipality may enter into an interlocal
agreement that authorizes the municipality to:
(1) regulate construction and design standards for:
(A) streets and roads in a subdivision;
(B) street and road drainage infrastructure in a
subdivision;
(C) subdivision drainage infrastructure; and
(D) water, wastewater, and utility systems for a
subdivision if those systems are to be connected to a municipally
owned utility; and
(2) require that the owner of a subdivided tract
execute a performance bond for the construction of the improvements
to ensure completion of the project.
(e) An agreement under Subsection (d) is valid only if:
(1) the municipality maintains any infrastructure
subject to municipal regulations under Subsection (d) that meets
the construction and design standards adopted under Subsection (d);
(2) the municipality does not adopt construction and
design standards under Subsection (d) that exceed the standards
enforced for similar infrastructure within the municipal limits;
and
(3) the county relinquishes the authority to regulate
construction and design standards assumed by the municipality under
Subsection (d).
Sec. 242.003. REGULATION OF SUBDIVISIONS OUTSIDE
EXTRATERRITORIAL JURISDICTION. 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 [(Article 4413(32c),
Vernon's Texas Civil Statutes)].
SECTION 3. 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 Section 242.001 or 242.002.
SECTION 4. 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 Section 242.001 or 242.002.
SECTION 5. 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 6. Section 232.006(b), Local Government Code, is
amended to read as follows:
(b) If a county elects to operate under this section,
Section 232.005 does not apply to the county. The sections of this
chapter preceding Section 232.005 do apply to the county in the same
manner that they apply to other counties except that:
(1) [they apply only to tracts of land located outside
municipalities and the extraterritorial jurisdiction of
municipalities, as determined under Chapter 42;
[(2)] the commissioners court of the county, instead of
having the powers granted by Sections 232.003(2) and (3), may:
(A) require a right-of-way on a street or road
that does not function as a main artery in the subdivision of not
less than 40 feet or more than 50 feet; and
(B) require that the street cut on a main artery
within the right-of-way be not less than 30 feet or more than 45
feet, and that the street cut on any other street or road within the
right-of-way be not less than 25 feet or more than 35 feet; and
(2) [(3)] Section 232.004(5)(B) does not apply to the
county.
SECTION 7. Section 232.008(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to real property that is:
(1) located outside municipalities and the
extraterritorial jurisdiction of municipalities, as determined
under Chapter 42; and
(2) subject to regulation under Section 242.002.
SECTION 8. The changes in law made by this Act to Chapters
212, 232, and 242, 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 9. This Act takes effect September 1, 2003.