By: Vasut H.B. No. 3328
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain counties to regulate certain
subdivisions in a municipality's extraterritorial jurisdiction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 242.001, Local Government Code, is
amended by adding Subsection (d-1) and amending Subsection (f) to
read as follows:
(d-1) This subsection applies only to a county that has a
population of more than 370,000 and contains more than ten
municipalities with a population of less than 2,000. A county by
order may terminate an agreement entered into under Subsection (c)
with a municipality. If a county terminates such an agreement:
(1) the county has exclusive jurisdiction to regulate
subdivision plats and approve related permits in the
extraterritorial jurisdiction of the municipality that was a party
to the agreement and may regulate subdivisions in the
extraterritorial jurisdiction under Sections 231.001-232.005,
Subchapter B or C, Chapter 232, and other statutes applicable to the
county for any area exceeding five acres proposed to be divided into
more than five parcels unless subject to an agreement with a
municipality to annex the area within 25 years from the date of the
subdivision application;
(2) the municipality that was party to the agreement
has exclusive jurisdiction to regulate subdivision plats and
approve related permits in its extraterritorial jurisdiction and
may regulate subdivisions in its extraterritorial jurisdiction
under Sections 231.001-232.005, Subchapter B or C, Chapter 232, and
other statutes applicable to the municipality for any subdivision
or area not subject to subdivision (1); and
(3) the county's and municipality's authority as
amended under this subsection applies only to an application
submitted on or after the date the county adopts the order to
terminate the agreement.
(f) Except as provided by Subsection (d-1), if [If] a
certified agreement between a county and municipality as required
by Subsection (c) is not in effect on or before the applicable date
prescribed by Section 242.0015(a), the municipality and the county
must enter into arbitration as provided by Section 242.0015. If the
arbitrator or arbitration panel, as applicable, has not reached a
decision in the 60-day period as provided by Section 242.0015, the
arbitrator or arbitration panel, as applicable, shall issue an
interim decision regarding the regulation of plats and subdivisions
and approval of related permits in the extraterritorial
jurisdiction of the municipality. The interim decision shall
provide for a single set of regulations and authorize a single
entity to regulate plats and subdivisions. The interim decision
remains in effect only until the arbitrator or arbitration panel
reaches a final decision.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all 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, 2023.