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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 to regulate certain |
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subdivisions in a municipality's extraterritorial jurisdiction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 242.001, Local Government Code, is |
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amended by adding Subsection (d-1) and amending Subsection (f) to |
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read as follows: |
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(d-1) This subsection applies only to a county that has a |
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population of more than 370,000 and contains more than ten |
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municipalities with a population of less than 2,000. A county by |
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order may terminate an agreement entered into under Subsection (c) |
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with a municipality. If a county terminates such an agreement: |
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(1) the county has exclusive jurisdiction to regulate |
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subdivision plats and approve related permits in the |
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extraterritorial jurisdiction of the municipality that was a party |
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to the agreement and may regulate subdivisions in the |
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extraterritorial jurisdiction under Sections 231.001-232.005, |
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Subchapter B or C, Chapter 232, and other statutes applicable to the |
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county for any area exceeding five acres proposed to be divided into |
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more than five parcels unless subject to an agreement with a |
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municipality to annex the area within 25 years from the date of the |
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subdivision application; |
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(2) the municipality that was party to the agreement |
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has exclusive jurisdiction to regulate subdivision plats and |
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approve related permits in its extraterritorial jurisdiction and |
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may regulate subdivisions in its extraterritorial jurisdiction |
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under Sections 231.001-232.005, Subchapter B or C, Chapter 232, and |
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other statutes applicable to the municipality for any subdivision |
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or area not subject to subdivision (1); and |
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(3) the county's and municipality's authority as |
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amended under this subsection applies only to an application |
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submitted on or after the date the county adopts the order to |
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terminate the agreement. |
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(f) Except as provided by Subsection (d-1), if [If] a |
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certified agreement between a county and municipality as required |
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by Subsection (c) is not in effect on or before the applicable date |
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prescribed by Section 242.0015(a), the municipality and the county |
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must enter into arbitration as provided by Section 242.0015. If the |
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arbitrator or arbitration panel, as applicable, has not reached a |
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decision in the 60-day period as provided by Section 242.0015, the |
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arbitrator or arbitration panel, as applicable, shall issue an |
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interim decision regarding the regulation of plats and subdivisions |
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and approval of related permits in the extraterritorial |
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jurisdiction of the municipality. The interim decision shall |
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provide for a single set of regulations and authorize a single |
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entity to regulate plats and subdivisions. The interim decision |
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remains in effect only until the arbitrator or arbitration panel |
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reaches a final decision. |
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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 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. |