79R10811 ATP-F


By:  Swinford                                                     H.B. No. 3288

Substitute the following for H.B. No. 3288:                                   

By:  Mowery                                                   C.S.H.B. No. 3288



A BILL TO BE ENTITLED

AN ACT

relating to municipal authority over certain property that is 
subject to an agreement.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 242.001, Local Government Code, is 
amended by adding Subsection (j) to read as follows:
	(j)  This subsection applies to property that is located 
within a district, as defined by Section 49.001, Water Code, and the 
extraterritorial jurisdiction of a municipality, and the 
development of which is the subject of a written agreement that is 
between the property owner and the municipality, is effective 
before January 1, 2005, and is recorded in the real property records 
of the county in which the property is located.  If the municipality 
and the county in which the property is located have not entered 
into an agreement as required by this section on or before January 
1, 2005, that designates the entity authorized to regulate 
subdivisions in the municipality's extraterritorial jurisdiction, 
the municipality has exclusive authority to regulate subdivision 
plats and approve related permits with respect to the property, 
unless otherwise provided by the agreement between the municipality 
and the property owner.
	SECTION 2.  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, 2005.