84R11913 PAM-D
By: González H.B. No. 3452
A BILL TO BE ENTITLED
AN ACT
relating to regulation of subdivisions in the extraterritorial
jurisdiction of certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 242.001, Local Government Code, is
amended by amending Subsections (a), (c), and (h) and adding
Subsection (a-1) to read as follows:
(a) This section applies only to a county operating under
Sections 232.001-232.005 or Subchapter B, C, or E, Chapter 232, and
a municipality that has extraterritorial jurisdiction in that
county. Subsections (b)-(g) do not apply:
(1) within a county that contains extraterritorial
jurisdiction of a municipality with a population of 1.9 million or
more;
(2) except as provided by Subsection (a-1), within a
county within 50 miles of an international border, or to which
Subchapter C, Chapter 232, applies; or
(3) to a tract of land subject to a development
agreement under Subchapter G, Chapter 212, or other provisions of
this code.
(a-1) Notwithstanding Subsection (a)(2), Subsections
(b)-(g) apply to a county with a population of 800,000 or more
located on the international border and a municipality that has
extraterritorial jurisdiction in that county.
(c) Except as provided by Subsections (d)(3) and (4), a
municipality and a county may not both regulate subdivisions and
approve related permits in the extraterritorial jurisdiction of a
municipality after an agreement under Subsection (d) is executed.
The municipality and the county shall enter into a written
agreement that identifies the governmental entity authorized to
regulate subdivision plats and approve related permits in the
extraterritorial jurisdiction. Except as otherwise provided by
this subsection, for [For] a municipality in existence on September
1, 2001, the municipality and county shall enter into a written
agreement under this subsection on or before April 1, 2002. Except
as otherwise provided by this subsection, for [For] a municipality
incorporated after September 1, 2001, the municipality and county
shall enter into a written agreement under this subsection not
later than the 120th day after the date the municipality
incorporates. For a municipality in existence on September 1,
2015, located in a county described by Subsection (a-1), the
municipality and the county shall enter into a written agreement
under this subsection on or before April 1, 2016. For a
municipality located in a county described by Subsection (a-1) that
is incorporated after September 1, 2015, the municipality and the
county shall enter into a written agreement under this subsection
not later than the 120th day after the date the municipality
incorporates. On reaching an agreement, the municipality and
county shall certify that the agreement complies with the
requirements of this chapter. The municipality and the county
shall adopt the agreement by order, ordinance, or resolution. The
agreement must be amended by the municipality and the county 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.
(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. Section 242.0015(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to a county and a municipality
that are required to make an agreement as described under Section
242.001(f). Except as otherwise provided by this subsection, if
[If] a certified agreement between a county and a municipality with
an extraterritorial jurisdiction that extends 3.5 miles or more
from the corporate boundaries of the municipality is not in effect
on or before January 1, 2004, the parties must arbitrate the
disputed issues. If a certified agreement between a county
described by Section 242.001(a-1) and a municipality located in
that county with an extraterritorial jurisdiction that extends 3.5
miles or more from the corporate boundaries of the municipality is
not in effect on or before January 1, 2018, the parties must
arbitrate the disputed issues. Except as otherwise provided by this
subsection, if [If] a certified agreement between a county and a
municipality with an extraterritorial jurisdiction that extends
less than 3.5 miles from the corporate boundaries of the
municipality is not in effect on or before January 1, 2006, the
parties must arbitrate the disputed issues. If a certified
agreement between a county described by Section 242.001(a-1) and a
municipality located in that county with an extraterritorial
jurisdiction that extends less than 3.5 miles from the corporate
boundaries of the municipality is not in effect on or before January
1, 2020, the parties must arbitrate the disputed issues. A party
may not refuse to participate in arbitration requested under this
section. An arbitration decision under this section is binding on
the parties.
SECTION 3. Section 242.003, Local Government Code, is
repealed.
SECTION 4. 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, 2015.