By: Rodriguez S.B. No. 1046
(Pickett)
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain municipalities and counties to
regulate subdivisions in the exterritorial jurisdiction of a
municipality by agreement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (h), Section 242.001, Local
Government Code, is amended to read as follows:
(h) This subsection applies only to a county to which
Subsections (b)-(g) do not apply, except that this subsection does
not apply to a county subject to Section 242.002 or a county that
has entered into an agreement under Section 242.003. For an area in
a municipality's extraterritorial jurisdiction, as defined by
Section 212.001, a plat may not be filed with the county clerk
without the approval of both the municipality and the county. If a
municipal regulation and a county regulation relating to plats and
subdivisions of land conflict, the more stringent regulation
prevails. However, if one governmental entity requires a plat to be
filed for the subdivision of a particular tract of land in the
extraterritorial jurisdiction of the municipality and the other
governmental entity does not require the filing of a plat for that
subdivision, the authority responsible for approving plats for the
governmental entity that does not require the filing shall issue on
request of the subdivider a written certification stating that a
plat is not required to be filed for that subdivision of the land.
The certification must be attached to a plat required to be filed
under this subsection.
SECTION 2. Chapter 242, Local Government Code, is amended
by adding Section 242.003 to read as follows:
Sec. 242.003. AUTHORITY OF CERTAIN BORDER COUNTIES AND
MUNICIPALITIES TO REGULATE SUBDIVISIONS IN EXTRATERRITORIAL
JURISDICTION BY AGREEMENT. (a) This section applies only to a
county having a population of more than 800,000 and located on the
international border and a municipality that has extraterritorial
jurisdiction, as defined by Section 212.001, in that county.
(b) A county and a municipality may enter into an agreement
that identifies the governmental entity authorized to regulate
subdivision plats and approve related permits in the
extraterritorial jurisdiction of the municipality in a manner
consistent with Section 242.001(d). The county and the
municipality shall adopt the agreement by order, ordinance, or
resolution.
(c) The agreement must be amended by the county and the
municipality if necessary to take into account an expansion or
reduction in the extraterritorial jurisdiction of the
municipality. The municipality shall notify the county of any
expansion or reduction in the municipality's extraterritorial
jurisdiction. Any expansion or reduction in the municipality's
extraterritorial jurisdiction that affects property that is
subject to a preliminary or final plat, a plat application, or an
application for a related permit filed with the municipality or the
county or that was previously approved under Section 212.009 or
Chapter 232 does not affect any rights accrued under Chapter 245.
The approval of the plat, any permit, a plat application, or an
application for a related permit remains effective as provided by
Chapter 245 regardless of the change in designation as
extraterritorial jurisdiction of the municipality.
(d) In an unincorporated area outside the extraterritorial
jurisdiction of a municipality, the municipality may not regulate
subdivisions or approve the filing of plats, except as provided by
Chapter 791, Government Code.
(e) Property subject to pending approval of a preliminary or
final plat is governed by Section 242.001(i).
SECTION 3. 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, 2013.