1 | 1 | | 89R2067 SCL-D |
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2 | 2 | | By: Vasut H.B. No. 282 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the authority of certain counties and municipalities to |
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10 | 10 | | regulate certain subdivisions in a municipality's extraterritorial |
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11 | 11 | | jurisdiction. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Chapter 242, Local Government Code, is amended |
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14 | 14 | | by adding Sections 242.0012 and 242.0013 to read as follows: |
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15 | 15 | | Sec. 242.0012. UNILATERAL AMENDMENT OF JURISDICTION |
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16 | 16 | | AGREEMENT BY CERTAIN COUNTIES FOR CERTAIN PARCELS. (a) In this |
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17 | 17 | | section, "qualified parcel" means a parcel of land that: |
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18 | 18 | | (1) is greater than 10 acres in size or is platted as |
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19 | 19 | | part of a phased development that is greater than 10 acres in size; |
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20 | 20 | | (2) is proposed to be subdivided into residential |
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21 | 21 | | parcels, each less than one-half acre in size; |
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22 | 22 | | (3) is not subject to an agreement under Section |
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23 | 23 | | 42.044; and |
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24 | 24 | | (4) is not subject to an annexation agreement with a |
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25 | 25 | | municipality in which the municipality annexes the parcel not later |
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26 | 26 | | than the earlier of: |
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27 | 27 | | (A) the 20th anniversary of the date any bond for |
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28 | 28 | | improvements to the parcel is issued by a municipal utility |
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29 | 29 | | district; or |
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30 | 30 | | (B) the 30th anniversary of the date the |
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31 | 31 | | agreement is entered into. |
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32 | 32 | | (b) This section applies only to a county that has a |
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33 | 33 | | population of more than 370,000 and contains more than six |
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34 | 34 | | municipalities, each with a population of less than 2,000. |
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35 | 35 | | (c) The commissioners court of a county by order may amend |
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36 | 36 | | an agreement entered into under Section 242.001(c) with a |
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37 | 37 | | municipality to transfer exclusive jurisdiction to the county to |
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38 | 38 | | regulate subdivision platting for a qualified parcel. |
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39 | 39 | | (d) Before the commissioners court of a county may amend an |
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40 | 40 | | agreement under Subsection (c), the county must: |
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41 | 41 | | (1) consult in person with a representative of the |
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42 | 42 | | municipality that is a party to the agreement proposed to be |
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43 | 43 | | amended; and |
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44 | 44 | | (2) provide the municipality with written notice of |
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45 | 45 | | the commissioners court's intent to amend the agreement not later |
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46 | 46 | | than the 90th day before the date the commissioners court amends the |
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47 | 47 | | agreement. |
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48 | 48 | | (e) A county's authority under an amendment adopted under |
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49 | 49 | | Subsection (c) applies only to a plat application filed on or after |
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50 | 50 | | the date the commissioners court of the county adopts the order |
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51 | 51 | | under that subsection. |
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52 | 52 | | Sec. 242.0013. AMENDMENT BY ARBITRATION FOR AGREEMENTS WITH |
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53 | 53 | | CERTAIN COUNTIES. (a) This section applies only to a county that |
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54 | 54 | | has a population of more than 370,000 and contains more than six |
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55 | 55 | | municipalities, each with a population of less than 2,000. |
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56 | 56 | | (b) Except as provided by Subsection (c), a party to an |
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57 | 57 | | agreement entered into under Section 242.001(c) may submit an |
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58 | 58 | | amendment to the agreement to binding arbitration. Except as |
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59 | 59 | | provided by Subsection (c), the other party to the agreement may |
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60 | 60 | | submit any other amendment to the agreement for consideration in |
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61 | 61 | | the same arbitration not later than the 30th day after the date the |
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62 | 62 | | other party receives notice of the arbitration. |
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63 | 63 | | (c) A party may not submit an amendment to arbitration under |
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64 | 64 | | this section if the amendment applies to a qualified parcel, as |
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65 | 65 | | defined by Section 242.0012. |
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66 | 66 | | (d) Before submitting an amendment to an agreement to |
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67 | 67 | | arbitration under Subsection (b), the party that initiates the |
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68 | 68 | | arbitration shall consult in person with and provide written notice |
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69 | 69 | | not later than the 30th day before the date the arbitration is |
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70 | 70 | | initiated to: |
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71 | 71 | | (1) if the party is a county, a representative of the |
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72 | 72 | | municipality that is the other party to the agreement; or |
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73 | 73 | | (2) if the party is a municipality, a representative |
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74 | 74 | | of the county that is the other party to the agreement and each |
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75 | 75 | | other municipality in the county. |
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76 | 76 | | (e) Only one arbitration may be conducted under this section |
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77 | 77 | | every 10 years regarding the same agreement entered into under |
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78 | 78 | | Section 242.001(c). |
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79 | 79 | | (f) Sections 242.0015(b), (c), (e), (f), (g), and (h) apply |
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80 | 80 | | to an arbitration conducted under this section. The arbitrator or |
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81 | 81 | | arbitration panel, as applicable, must be selected not later than |
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82 | 82 | | the 30th day after the date a party provides notice under Subsection |
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83 | 83 | | (d). |
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84 | 84 | | (g) A county or municipality's authority under an amendment |
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85 | 85 | | submitted under Subsection (b) applies only to a plat application |
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86 | 86 | | filed on or after the date the arbitrator or arbitration panel, as |
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87 | 87 | | applicable, renders a decision under this section. |
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88 | 88 | | SECTION 2. This Act takes effect immediately if it receives |
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89 | 89 | | a vote of two-thirds of all the members elected to each house, as |
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90 | 90 | | provided by Section 39, Article III, Texas Constitution. If this |
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91 | 91 | | Act does not receive the vote necessary for immediate effect, this |
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92 | 92 | | Act takes effect September 1, 2025. |
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