By:  Swinford                                                     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 49.002, Water Code, is 
within the extraterritorial jurisdiction of a municipality, and the 
development of the property is the subject of a written agreement 
between the property owner and the municipality that was effective 
prior to January 1, 2005, and was recorded in the real property 
records.  If as of January 1, 2005, the municipality and the county 
have not entered into an agreement as required by Section 242.001, 
designating which entity is authorized to regulate subdivisions in 
the municipality's extraterritorial jurisdiction, the municipality 
shall have sole authority to regulate subdivisions and approve 
related permits, including plats, with respect to property that is 
subject to this subsection, unless provided otherwise in 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.