78R495 SMJ-D
By: Barrientos S.B. No. 1099
A BILL TO BE ENTITLED
AN ACT
relating to regulating subdivision plats in a county and in the
extraterritorial jurisdiction of certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 232.008(c), Local Government Code, is
amended to read as follows:
(c) The commissioners court shall publish notice of an
application for cancellation in a newspaper of general circulation
in the county. The notice must be published at least three times
during the period that begins on the 30th day and ends on the
seventh day [in a newspaper, published in the English language, in
the county for at least three weeks] before the date on which action
is taken on the application. The court shall take action on an
application at a regular term. The published notice must direct any
person who is interested in the property and who wishes to protest
the proposed cancellation to appear at the time and place specified
in the notice.
SECTION 2. Sections 232.009(b), (c), and (d), Local
Government Code, are amended to read as follows:
(b) A person who owns real property in a tract that has been
[has] subdivided and [land] that is subject to the subdivision
controls of the county in which the property [land] is located may
apply in writing to the commissioners court of the county for
permission to revise the subdivision plat that applies to the
property and that is filed for record with the county clerk.
(c) After the application is filed with the commissioners
court, the court shall publish a notice of the application in a
newspaper of general circulation in the county. The notice must
include a statement of the time and place at which the court will
meet to consider the application and to hear protests to the
revision of the plat. The notice must be published at least three
times during the period that begins on the 30th day and ends on the
seventh day before the date of the meeting. Except as provided by
Subsection (f), if all or part of the subdivided tract has been sold
[to nondeveloper owners], the court shall also give notice to each
owner of property in the subdivided tract [of those owners] by
certified or registered mail, return receipt requested, at the
owner's address:
(1) in the subdivided tract, if practicable; or
(2) as shown in the appraisal district records of the
appraisal district in which the property is located.
(d) During a regular term of the commissioners court, the
court shall adopt an order to permit the revision of the subdivision
plat if it is shown to the court that:
(1) the revision will not interfere with the
established rights of any owner of a part of the subdivided tract
[land]; or
(2) each owner whose rights may be interfered with has
agreed to the revision.
SECTION 3. Subchapter A, Chapter 232, Local Government
Code, is amended by adding Section 232.0095 to read as follows:
Sec. 232.0095. ALTERNATIVE PROCEDURES FOR PLAT REVISION.
(a) This section applies only to real property located outside
municipalities and outside the extraterritorial jurisdiction, as
determined under Chapter 42, of municipalities with a population of
1.5 million or more.
(b) As an alternative to the provisions in Section 232.009
governing the revision of plats, a county by order may adopt the
provisions in Sections 212.014, 212.015, and 212.016 governing
replatting and plat amendment within a municipality's
jurisdiction. A county that adopts the provisions in those
sections may approve a replat and an amending plat in the same
manner and under the same conditions, including the notice and
hearing requirements, as a municipal authority responsible for
approving plats under those sections.
SECTION 4. 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 GENERALLY. (a)
This section applies only to a county operating under Sections
232.001-232.005 or Subchapter B, C, or E, Chapter 232. Subsections
(b)-(e) do not apply to a county:
(1) [within a county] that contains an area in the
extraterritorial jurisdiction of a municipality with a population
of 1.9 million or more; [or]
(2) any part of which is located [within a county]
within 50 miles of an international border;[,] or
(3) to which Subchapter C, Chapter 232, applies.
(b) A subdivision plat for [For] an area in a municipality's
extraterritorial jurisdiction, as defined by Section 212.001, that
is [a plat may not be] filed with the county clerk must be approved
by [without the approval of] the governmental entity authorized
under this section [Subsection (c) or (d)] to regulate subdivisions
in the area.
(c) A [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 a [the]
county that contains an area in the extraterritorial jurisdiction
of the municipality shall enter into a written agreement that
identifies the governmental entity authorized to regulate
subdivision plats and approve related permits in the
extraterritorial jurisdiction.
(c-1) For a municipality in existence on September 1, 2001,
the municipality and county shall enter into a written agreement
under this section [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 section [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.
(c-2) A municipality and a county with an agreement under
this section shall amend the [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.
(c-3) 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 this section is executed.
(d) An agreement under this section [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, or E, 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, and E, 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 a municipality and a
county reach an agreement [is reached] under this section and
applies to a county to which Subsections (b)-(e) do not apply
[Subsection (d)]. A subdivision plat for [For] an area in a
municipality's extraterritorial jurisdiction, as defined by
Section 212.001, that is [a plat may not be] filed with the county
clerk must be approved by [without the approval of both] the
municipality and the county. If a municipality or a county does not
require a plat to be filed for a subdivision in the municipality's
extraterritorial jurisdiction, the municipality or county shall
issue, on request of the subdivider, a written certification
stating that the municipality or county does not require a plat to
be filed. The certification must be attached to the plat that is
filed with the municipality or county that requires a plat to be
filed. 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 5. The changes in law made by this Act to Sections
232.008 and 232.009, Local Government Code, apply only to an
application to cancel a subdivision or revise a subdivision plat
that is filed on or after the effective date of this Act. An
application to cancel a subdivision or revise a subdivision plat
that is filed before the effective date of this Act is governed by
the law in effect when the application was filed, and that law is
continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2003.