| 1 | 1 | | By: Rodriguez S.B. No. 1046 |
|---|
| 2 | 2 | | (Pickett) |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the authority of certain municipalities and counties to |
|---|
| 8 | 8 | | regulate subdivisions in the exterritorial jurisdiction of a |
|---|
| 9 | 9 | | municipality by agreement. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subsection (h), Section 242.001, Local |
|---|
| 12 | 12 | | Government Code, is amended to read as follows: |
|---|
| 13 | 13 | | (h) This subsection applies only to a county to which |
|---|
| 14 | 14 | | Subsections (b)-(g) do not apply, except that this subsection does |
|---|
| 15 | 15 | | not apply to a county subject to Section 242.002 or a county that |
|---|
| 16 | 16 | | has entered into an agreement under Section 242.003. For an area in |
|---|
| 17 | 17 | | a municipality's extraterritorial jurisdiction, as defined by |
|---|
| 18 | 18 | | Section 212.001, a plat may not be filed with the county clerk |
|---|
| 19 | 19 | | without the approval of both the municipality and the county. If a |
|---|
| 20 | 20 | | municipal regulation and a county regulation relating to plats and |
|---|
| 21 | 21 | | subdivisions of land conflict, the more stringent regulation |
|---|
| 22 | 22 | | prevails. However, if one governmental entity requires a plat to be |
|---|
| 23 | 23 | | filed for the subdivision of a particular tract of land in the |
|---|
| 24 | 24 | | extraterritorial jurisdiction of the municipality and the other |
|---|
| 25 | 25 | | governmental entity does not require the filing of a plat for that |
|---|
| 26 | 26 | | subdivision, the authority responsible for approving plats for the |
|---|
| 27 | 27 | | governmental entity that does not require the filing shall issue on |
|---|
| 28 | 28 | | request of the subdivider a written certification stating that a |
|---|
| 29 | 29 | | plat is not required to be filed for that subdivision of the land. |
|---|
| 30 | 30 | | The certification must be attached to a plat required to be filed |
|---|
| 31 | 31 | | under this subsection. |
|---|
| 32 | 32 | | SECTION 2. Chapter 242, Local Government Code, is amended |
|---|
| 33 | 33 | | by adding Section 242.003 to read as follows: |
|---|
| 34 | 34 | | Sec. 242.003. AUTHORITY OF CERTAIN BORDER COUNTIES AND |
|---|
| 35 | 35 | | MUNICIPALITIES TO REGULATE SUBDIVISIONS IN EXTRATERRITORIAL |
|---|
| 36 | 36 | | JURISDICTION BY AGREEMENT. (a) This section applies only to a |
|---|
| 37 | 37 | | county having a population of more than 800,000 and located on the |
|---|
| 38 | 38 | | international border and a municipality that has extraterritorial |
|---|
| 39 | 39 | | jurisdiction, as defined by Section 212.001, in that county. |
|---|
| 40 | 40 | | (b) A county and a municipality may enter into an agreement |
|---|
| 41 | 41 | | that identifies the governmental entity authorized to regulate |
|---|
| 42 | 42 | | subdivision plats and approve related permits in the |
|---|
| 43 | 43 | | extraterritorial jurisdiction of the municipality in a manner |
|---|
| 44 | 44 | | consistent with Section 242.001(d). The county and the |
|---|
| 45 | 45 | | municipality shall adopt the agreement by order, ordinance, or |
|---|
| 46 | 46 | | resolution. |
|---|
| 47 | 47 | | (c) The agreement must be amended by the county and the |
|---|
| 48 | 48 | | municipality if necessary to take into account an expansion or |
|---|
| 49 | 49 | | reduction in the extraterritorial jurisdiction of the |
|---|
| 50 | 50 | | municipality. The municipality shall notify the county of any |
|---|
| 51 | 51 | | expansion or reduction in the municipality's extraterritorial |
|---|
| 52 | 52 | | jurisdiction. Any expansion or reduction in the municipality's |
|---|
| 53 | 53 | | extraterritorial jurisdiction that affects property that is |
|---|
| 54 | 54 | | subject to a preliminary or final plat, a plat application, or an |
|---|
| 55 | 55 | | application for a related permit filed with the municipality or the |
|---|
| 56 | 56 | | county or that was previously approved under Section 212.009 or |
|---|
| 57 | 57 | | Chapter 232 does not affect any rights accrued under Chapter 245. |
|---|
| 58 | 58 | | The approval of the plat, any permit, a plat application, or an |
|---|
| 59 | 59 | | application for a related permit remains effective as provided by |
|---|
| 60 | 60 | | Chapter 245 regardless of the change in designation as |
|---|
| 61 | 61 | | extraterritorial jurisdiction of the municipality. |
|---|
| 62 | 62 | | (d) In an unincorporated area outside the extraterritorial |
|---|
| 63 | 63 | | jurisdiction of a municipality, the municipality may not regulate |
|---|
| 64 | 64 | | subdivisions or approve the filing of plats, except as provided by |
|---|
| 65 | 65 | | Chapter 791, Government Code. |
|---|
| 66 | 66 | | (e) Property subject to pending approval of a preliminary or |
|---|
| 67 | 67 | | final plat is governed by Section 242.001(i). |
|---|
| 68 | 68 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 69 | 69 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 70 | 70 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 71 | 71 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 72 | 72 | | Act takes effect September 1, 2013. |
|---|