Texas 2015 - 84th Regular

Texas House Bill HB3452 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R11913 PAM-D
2	2	By: González H.B. No. 3452
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulation of subdivisions in the extraterritorial
8	8	jurisdiction of certain municipalities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 242.001, Local Government Code, is
11	11	amended by amending Subsections (a), (c), and (h) and adding
12	12	Subsection (a-1) to read as follows:
13	13	(a) This section applies only to a county operating under
14	14	Sections 232.001-232.005 or Subchapter B, C, or E, Chapter 232, and
15	15	a municipality that has extraterritorial jurisdiction in that
16	16	county. Subsections (b)-(g) do not apply:
17	17	(1) within a county that contains extraterritorial
18	18	jurisdiction of a municipality with a population of 1.9 million or
19	19	more;
20	20	(2) except as provided by Subsection (a-1), within a
21	21	county within 50 miles of an international border, or to which
22	22	Subchapter C, Chapter 232, applies; or
23	23	(3) to a tract of land subject to a development
24	24	agreement under Subchapter G, Chapter 212, or other provisions of
25	25	this code.
26	26	(a-1) Notwithstanding Subsection (a)(2), Subsections
27	27	(b)-(g) apply to a county with a population of 800,000 or more
28	28	located on the international border and a municipality that has
29	29	extraterritorial jurisdiction in that county.
30	30	(c) Except as provided by Subsections (d)(3) and (4), a
31	31	municipality and a county may not both regulate subdivisions and
32	32	approve related permits in the extraterritorial jurisdiction of a
33	33	municipality after an agreement under Subsection (d) is executed.
34	34	The municipality and the county shall enter into a written
35	35	agreement that identifies the governmental entity authorized to
36	36	regulate subdivision plats and approve related permits in the
37	37	extraterritorial jurisdiction. Except as otherwise provided by
38	38	this subsection, for [For] a municipality in existence on September
39	39	1, 2001, the municipality and county shall enter into a written
40	40	agreement under this subsection on or before April 1, 2002. Except
41	41	as otherwise provided by this subsection, for [For] a municipality
42	42	incorporated after September 1, 2001, the municipality and county
43	43	shall enter into a written agreement under this subsection not
44	44	later than the 120th day after the date the municipality
45	45	incorporates. For a municipality in existence on September 1,
46	46	2015, located in a county described by Subsection (a-1), the
47	47	municipality and the county shall enter into a written agreement
48	48	under this subsection on or before April 1, 2016. For a
49	49	municipality located in a county described by Subsection (a-1) that
50	50	is incorporated after September 1, 2015, the municipality and the
51	51	county shall enter into a written agreement under this subsection
52	52	not later than the 120th day after the date the municipality
53	53	incorporates. On reaching an agreement, the municipality and
54	54	county shall certify that the agreement complies with the
55	55	requirements of this chapter. The municipality and the county
56	56	shall adopt the agreement by order, ordinance, or resolution. The
57	57	agreement must be amended by the municipality and the county if
58	58	necessary to take into account an expansion or reduction in the
59	59	extraterritorial jurisdiction of the municipality. The
60	60	municipality shall notify the county of any expansion or reduction
61	61	in the municipality's extraterritorial jurisdiction. Any
62	62	expansion or reduction in the municipality's extraterritorial
63	63	jurisdiction that affects property that is subject to a preliminary
64	64	or final plat, a plat application, or an application for a related
65	65	permit filed with the municipality or the county or that was
66	66	previously approved under Section 212.009 or Chapter 232 does not
67	67	affect any rights accrued under Chapter 245. The approval of the
68	68	plat, any permit, a plat application, or an application for a
69	69	related permit remains effective as provided by Chapter 245
70	70	regardless of the change in designation as extraterritorial
71	71	jurisdiction of the municipality.
72	72	(h) This subsection applies only to a county to which
73	73	Subsections (b)-(g) do not apply, except that this subsection does
74	74	not apply to a county subject to Section 242.002 [or a county that
75	75	has entered into an agreement under Section 242.003]. For an area
76	76	in a municipality's extraterritorial jurisdiction, as defined by
77	77	Section 212.001, a plat may not be filed with the county clerk
78	78	without the approval of both the municipality and the county. If a
79	79	municipal regulation and a county regulation relating to plats and
80	80	subdivisions of land conflict, the more stringent regulation
81	81	prevails. However, if one governmental entity requires a plat to be
82	82	filed for the subdivision of a particular tract of land in the
83	83	extraterritorial jurisdiction of the municipality and the other
84	84	governmental entity does not require the filing of a plat for that
85	85	subdivision, the authority responsible for approving plats for the
86	86	governmental entity that does not require the filing shall issue on
87	87	request of the subdivider a written certification stating that a
88	88	plat is not required to be filed for that subdivision of the land.
89	89	The certification must be attached to a plat required to be filed
90	90	under this subsection.
91	91	SECTION 2. Section 242.0015(a), Local Government Code, is
92	92	amended to read as follows:
93	93	(a) This section applies only to a county and a municipality
94	94	that are required to make an agreement as described under Section
95	95	242.001(f). Except as otherwise provided by this subsection, if
96	96	[If] a certified agreement between a county and a municipality with
97	97	an extraterritorial jurisdiction that extends 3.5 miles or more
98	98	from the corporate boundaries of the municipality is not in effect
99	99	on or before January 1, 2004, the parties must arbitrate the
100	100	disputed issues. If a certified agreement between a county
101	101	described by Section 242.001(a-1) and a municipality located in
102	102	that county with an extraterritorial jurisdiction that extends 3.5
103	103	miles or more from the corporate boundaries of the municipality is
104	104	not in effect on or before January 1, 2018, the parties must
105	105	arbitrate the disputed issues. Except as otherwise provided by this
106	106	subsection, if [If] a certified agreement between a county and a
107	107	municipality with an extraterritorial jurisdiction that extends
108	108	less than 3.5 miles from the corporate boundaries of the
109	109	municipality is not in effect on or before January 1, 2006, the
110	110	parties must arbitrate the disputed issues. If a certified
111	111	agreement between a county described by Section 242.001(a-1) and a
112	112	municipality located in that county with an extraterritorial
113	113	jurisdiction that extends less than 3.5 miles from the corporate
114	114	boundaries of the municipality is not in effect on or before January
115	115	1, 2020, the parties must arbitrate the disputed issues. A party
116	116	may not refuse to participate in arbitration requested under this
117	117	section. An arbitration decision under this section is binding on
118	118	the parties.
119	119	SECTION 3. Section 242.003, Local Government Code, is
120	120	repealed.
121	121	SECTION 4. This Act takes effect immediately if it receives
122	122	a vote of two-thirds of all the members elected to each house, as
123	123	provided by Section 39, Article III, Texas Constitution. If this
124	124	Act does not receive the vote necessary for immediate effect, this
125	125	Act takes effect September 1, 2015.