Texas 2013 - 83rd Regular

Texas House Bill HB1970 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Pickett (Senate Sponsor - Rodriguez) H.B. No. 1970
2	2	(In the Senate - Received from the House April 29, 2013;
3	3	April 30, 2013, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 14, 2013, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 14, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the authority of certain municipalities and counties to
11	11	regulate subdivisions in the extraterritorial jurisdiction of a
12	12	municipality by agreement.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 242.001(h), Local Government Code, is
15	15	amended to read as follows:
16	16	(h) This subsection applies only to a county to which
17	17	Subsections (b)-(g) do not apply, except that this subsection does
18	18	not apply to a county subject to Section 242.002 or a county that
19	19	has entered into an agreement under Section 242.003. For an area in
20	20	a municipality's extraterritorial jurisdiction, as defined by
21	21	Section 212.001, a plat may not be filed with the county clerk
22	22	without the approval of both the municipality and the county. If a
23	23	municipal regulation and a county regulation relating to plats and
24	24	subdivisions of land conflict, the more stringent regulation
25	25	prevails. However, if one governmental entity requires a plat to be
26	26	filed for the subdivision of a particular tract of land in the
27	27	extraterritorial jurisdiction of the municipality and the other
28	28	governmental entity does not require the filing of a plat for that
29	29	subdivision, the authority responsible for approving plats for the
30	30	governmental entity that does not require the filing shall issue on
31	31	request of the subdivider a written certification stating that a
32	32	plat is not required to be filed for that subdivision of the land.
33	33	The certification must be attached to a plat required to be filed
34	34	under this subsection.
35	35	SECTION 2. Chapter 242, Local Government Code, is amended
36	36	by adding Section 242.003 to read as follows:
37	37	Sec. 242.003. AUTHORITY OF CERTAIN BORDER COUNTIES AND
38	38	MUNICIPALITIES TO REGULATE SUBDIVISIONS IN EXTRATERRITORIAL
39	39	JURISDICTION BY AGREEMENT. (a) This section applies only to a
40	40	county having a population of more than 800,000 and located on the
41	41	international border and a municipality that has extraterritorial
42	42	jurisdiction, as defined by Section 212.001, in that county.
43	43	(b) A county and a municipality may enter into an agreement
44	44	that identifies the governmental entity authorized to regulate
45	45	subdivision plats and approve related permits in the
46	46	extraterritorial jurisdiction of the municipality in a manner
47	47	consistent with Section 242.001(d). The county and the
48	48	municipality shall adopt the agreement by order, ordinance, or
49	49	resolution.
50	50	(c) The agreement must be amended by the county and the
51	51	municipality if necessary to take into account an expansion or
52	52	reduction in the extraterritorial jurisdiction of the
53	53	municipality. The municipality shall notify the county of any
54	54	expansion or reduction in the municipality's extraterritorial
55	55	jurisdiction. Any expansion or reduction in the municipality's
56	56	extraterritorial jurisdiction that affects property that is
57	57	subject to a preliminary or final plat, a plat application, or an
58	58	application for a related permit filed with the municipality or the
59	59	county or that was previously approved under Section 212.009 or
60	60	Chapter 232 does not affect any rights accrued under Chapter 245.
61	61	The approval of the plat, any permit, a plat application, or an
62	62	application for a related permit remains effective as provided by
63	63	Chapter 245 regardless of the change in designation as
64	64	extraterritorial jurisdiction of the municipality.
65	65	(d) In an unincorporated area outside the extraterritorial
66	66	jurisdiction of a municipality, the municipality may not regulate
67	67	subdivisions or approve the filing of plats, except as provided by
68	68	Chapter 791, Government Code.
69	69	(e) Property subject to pending approval of a preliminary or
70	70	final plat is governed by Section 242.001(i).
71	71	SECTION 3. This Act takes effect immediately if it receives
72	72	a vote of two-thirds of all the members elected to each house, as
73	73	provided by Section 39, Article III, Texas Constitution. If this
74	74	Act does not receive the vote necessary for immediate effect, this
75	75	Act takes effect September 1, 2013.
76	76	* * * * *