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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties and municipalities to |
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regulate certain subdivisions in a municipality's extraterritorial |
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jurisdiction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 242, Local Government Code, is amended |
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by adding Sections 242.0012 and 242.0013 to read as follows: |
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Sec. 242.0012. UNILATERAL AMENDMENT OF JURISDICTION |
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AGREEMENT BY CERTAIN COUNTIES FOR CERTAIN PARCELS. (a) This |
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section applies only to: |
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(1) a county that has a population of more than 370,000 |
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and contains more than eight municipalities, each with a population |
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of less than 2,000; and |
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(2) a parcel of land located in a county described by |
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Subdivision (1) that: |
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(A) is greater than 10 acres in size or is platted |
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as part of a phased development that is greater than 10 acres in |
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size; |
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(B) is proposed to be subdivided into residential |
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parcels, each less than one-half acre in size; |
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(C) is not subject to an agreement under Section |
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42.044; and |
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(D) is not subject to an annexation agreement |
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with a municipality in which the municipality annexes the parcel |
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not later than the earlier of: |
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(i) the 20th anniversary of the date any |
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bond for improvements to the parcel is issued by a municipal utility |
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district; or |
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(ii) the 30th anniversary of the date the |
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agreement is entered into. |
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(b) A county by order may amend an agreement entered into |
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under Section 242.001(c) with a municipality to transfer exclusive |
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jurisdiction to the county to regulate subdivision platting for a |
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parcel subject to this section. |
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(c) Before a county may amend an agreement under Subsection |
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(b), the county must: |
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(1) consult in person with a representative of the |
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municipality that is a party to the agreement proposed to be |
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amended; and |
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(2) provide the municipality with written notice of |
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the county's intent to amend the agreement not later than the 90th |
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day before the date the county amends the agreement. |
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(d) A county's authority under an amendment adopted under |
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Subsection (b) applies only to a plat application filed on or after |
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the date the county adopts the order under that subsection. |
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Sec. 242.0013. AMENDMENT BY ARBITRATION FOR AGREEMENTS WITH |
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CERTAIN COUNTIES. (a) This section applies only to a county that |
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has a population of more than 370,000 and contains more than eight |
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municipalities, each with a population of less than 2,000. |
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(b) Except as provided by Subsection (c), a party to an |
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agreement entered into under Section 242.001(c) may submit an |
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amendment to the agreement to binding arbitration. Except as |
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provided by Subsection (c), the other party to the agreement may |
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submit any other amendment to the agreement for consideration in |
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the same arbitration not later than the 30th day after the date the |
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other party receives notice of the arbitration. |
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(c) A party may not submit an amendment to arbitration under |
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this section if the amendment applies to a parcel of land to which |
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Section 242.0012 applies. |
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(d) Before submitting an amendment to an agreement to |
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arbitration under Subsection (b), the party that initiates the |
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arbitration shall consult in person with and provide written notice |
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not later than the 30th day before the date the arbitration is |
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initiated to: |
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(1) if the party is a county, a representative of the |
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municipality that is the other party to the agreement; or |
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(2) if the party is a municipality, a representative |
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of the county that is the other party to the agreement and each |
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other municipality in the county. |
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(e) Only one arbitration may be conducted under this section |
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every 10 years regarding the same agreement entered into under |
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Section 242.001(c). |
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(f) Sections 242.0015(b), (c), (e), (f), (g), and (h) apply |
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to an arbitration conducted under this section. The arbitrator or |
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arbitration panel, as applicable, must be selected not later than |
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the 30th day after the date a party provides notice under Subsection |
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(d). |
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(g) A county or municipality's authority under an amendment |
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submitted under Subsection (b) applies only to a plat application |
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filed on or after the date the arbitrator or arbitration panel, as |
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applicable, renders a decision under this section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |