Texas 2023 - 88th Regular

Texas House Bill HB3328 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R23287 SCL-F
2	2	By: Vasut H.B. No. 3328
3	3	Substitute the following for H.B. No. 3328:
4	4	By: Burns C.S.H.B. No. 3328
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of certain counties and municipalities to
10	10	regulate certain subdivisions in a municipality's extraterritorial
11	11	jurisdiction.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 242, Local Government Code, is amended
14	14	by adding Sections 242.0012 and 242.0013 to read as follows:
15	15	Sec. 242.0012. UNILATERAL AMENDMENT OF JURISDICTION
16	16	AGREEMENT BY CERTAIN COUNTIES FOR CERTAIN PARCELS. (a) This
17	17	section applies only to:
18	18	(1) a county that has a population of more than 370,000
19	19	and contains more than eight municipalities, each with a population
20	20	of less than 2,000; and
21	21	(2) a parcel of land located in a county described by
22	22	Subdivision (1) that:
23	23	(A) is greater than 10 acres in size or is platted
24	24	as part of a phased development that is greater than 10 acres in
25	25	size;
26	26	(B) is proposed to be subdivided into residential
27	27	parcels, each less than one-half acre in size;
28	28	(C) is not subject to an agreement under Section
29	29	42.044; and
30	30	(D) is not subject to an annexation agreement
31	31	with a municipality in which the municipality annexes the parcel
32	32	not later than the earlier of:
33	33	(i) the 20th anniversary of the date any
34	34	bond for improvements to the parcel is issued by a municipal utility
35	35	district; or
36	36	(ii) the 30th anniversary of the date the
37	37	agreement is entered into.
38	38	(b) A county by order may amend an agreement entered into
39	39	under Section 242.001(c) with a municipality to transfer exclusive
40	40	jurisdiction to the county to regulate subdivision platting for a
41	41	parcel subject to this section.
42	42	(c) Before a county may amend an agreement under Subsection
43	43	(b), the county must:
44	44	(1) consult in person with a representative of the
45	45	municipality that is a party to the agreement proposed to be
46	46	amended; and
47	47	(2) provide the municipality with written notice of
48	48	the county's intent to amend the agreement not later than the 90th
49	49	day before the date the county amends the agreement.
50	50	(d) A county's authority under an amendment adopted under
51	51	Subsection (b) applies only to a plat application filed on or after
52	52	the date the county adopts the order under that subsection.
53	53	Sec. 242.0013. AMENDMENT BY ARBITRATION FOR AGREEMENTS WITH
54	54	CERTAIN COUNTIES. (a) This section applies only to a county that
55	55	has a population of more than 370,000 and contains more than eight
56	56	municipalities, each with a population of less than 2,000.
57	57	(b) Except as provided by Subsection (c), a party to an
58	58	agreement entered into under Section 242.001(c) may submit an
59	59	amendment to the agreement to binding arbitration. Except as
60	60	provided by Subsection (c), the other party to the agreement may
61	61	submit any other amendment to the agreement for consideration in
62	62	the same arbitration not later than the 30th day after the date the
63	63	other party receives notice of the arbitration.
64	64	(c) A party may not submit an amendment to arbitration under
65	65	this section if the amendment applies to a parcel of land to which
66	66	Section 242.0012 applies.
67	67	(d) Before submitting an amendment to an agreement to
68	68	arbitration under Subsection (b), the party that initiates the
69	69	arbitration shall consult in person with and provide written notice
70	70	not later than the 30th day before the date the arbitration is
71	71	initiated to:
72	72	(1) if the party is a county, a representative of the
73	73	municipality that is the other party to the agreement; or
74	74	(2) if the party is a municipality, a representative
75	75	of the county that is the other party to the agreement and each
76	76	other municipality in the county.
77	77	(e) Only one arbitration may be conducted under this section
78	78	every 10 years regarding the same agreement entered into under
79	79	Section 242.001(c).
80	80	(f) Sections 242.0015(b), (c), (e), (f), (g), and (h) apply
81	81	to an arbitration conducted under this section. The arbitrator or
82	82	arbitration panel, as applicable, must be selected not later than
83	83	the 30th day after the date a party provides notice under Subsection
84	84	(d).
85	85	(g) A county or municipality's authority under an amendment
86	86	submitted under Subsection (b) applies only to a plat application
87	87	filed on or after the date the arbitrator or arbitration panel, as
88	88	applicable, renders a decision under this section.
89	89	SECTION 2. This Act takes effect immediately if it receives
90	90	a vote of two-thirds of all the members elected to each house, as
91	91	provided by Section 39, Article III, Texas Constitution. If this
92	92	Act does not receive the vote necessary for immediate effect, this
93	93	Act takes effect September 1, 2023.