Texas 2025 - 89th Regular

Texas House Bill HB282 Compare Versions

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11 89R2067 SCL-D
22 By: Vasut H.B. No. 282
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the authority of certain counties and municipalities to
1010 regulate certain subdivisions in a municipality's extraterritorial
1111 jurisdiction.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Chapter 242, Local Government Code, is amended
1414 by adding Sections 242.0012 and 242.0013 to read as follows:
1515 Sec. 242.0012. UNILATERAL AMENDMENT OF JURISDICTION
1616 AGREEMENT BY CERTAIN COUNTIES FOR CERTAIN PARCELS. (a) In this
1717 section, "qualified parcel" means a parcel of land that:
1818 (1) is greater than 10 acres in size or is platted as
1919 part of a phased development that is greater than 10 acres in size;
2020 (2) is proposed to be subdivided into residential
2121 parcels, each less than one-half acre in size;
2222 (3) is not subject to an agreement under Section
2323 42.044; and
2424 (4) is not subject to an annexation agreement with a
2525 municipality in which the municipality annexes the parcel not later
2626 than the earlier of:
2727 (A) the 20th anniversary of the date any bond for
2828 improvements to the parcel is issued by a municipal utility
2929 district; or
3030 (B) the 30th anniversary of the date the
3131 agreement is entered into.
3232 (b) This section applies only to a county that has a
3333 population of more than 370,000 and contains more than six
3434 municipalities, each with a population of less than 2,000.
3535 (c) The commissioners court of a county by order may amend
3636 an agreement entered into under Section 242.001(c) with a
3737 municipality to transfer exclusive jurisdiction to the county to
3838 regulate subdivision platting for a qualified parcel.
3939 (d) Before the commissioners court of a county may amend an
4040 agreement under Subsection (c), the county must:
4141 (1) consult in person with a representative of the
4242 municipality that is a party to the agreement proposed to be
4343 amended; and
4444 (2) provide the municipality with written notice of
4545 the commissioners court's intent to amend the agreement not later
4646 than the 90th day before the date the commissioners court amends the
4747 agreement.
4848 (e) A county's authority under an amendment adopted under
4949 Subsection (c) applies only to a plat application filed on or after
5050 the date the commissioners court of the county adopts the order
5151 under that subsection.
5252 Sec. 242.0013. AMENDMENT BY ARBITRATION FOR AGREEMENTS WITH
5353 CERTAIN COUNTIES. (a) This section applies only to a county that
5454 has a population of more than 370,000 and contains more than six
5555 municipalities, each with a population of less than 2,000.
5656 (b) Except as provided by Subsection (c), a party to an
5757 agreement entered into under Section 242.001(c) may submit an
5858 amendment to the agreement to binding arbitration. Except as
5959 provided by Subsection (c), the other party to the agreement may
6060 submit any other amendment to the agreement for consideration in
6161 the same arbitration not later than the 30th day after the date the
6262 other party receives notice of the arbitration.
6363 (c) A party may not submit an amendment to arbitration under
6464 this section if the amendment applies to a qualified parcel, as
6565 defined by Section 242.0012.
6666 (d) Before submitting an amendment to an agreement to
6767 arbitration under Subsection (b), the party that initiates the
6868 arbitration shall consult in person with and provide written notice
6969 not later than the 30th day before the date the arbitration is
7070 initiated to:
7171 (1) if the party is a county, a representative of the
7272 municipality that is the other party to the agreement; or
7373 (2) if the party is a municipality, a representative
7474 of the county that is the other party to the agreement and each
7575 other municipality in the county.
7676 (e) Only one arbitration may be conducted under this section
7777 every 10 years regarding the same agreement entered into under
7878 Section 242.001(c).
7979 (f) Sections 242.0015(b), (c), (e), (f), (g), and (h) apply
8080 to an arbitration conducted under this section. The arbitrator or
8181 arbitration panel, as applicable, must be selected not later than
8282 the 30th day after the date a party provides notice under Subsection
8383 (d).
8484 (g) A county or municipality's authority under an amendment
8585 submitted under Subsection (b) applies only to a plat application
8686 filed on or after the date the arbitrator or arbitration panel, as
8787 applicable, renders a decision under this section.
8888 SECTION 2. This Act takes effect immediately if it receives
8989 a vote of two-thirds of all the members elected to each house, as
9090 provided by Section 39, Article III, Texas Constitution. If this
9191 Act does not receive the vote necessary for immediate effect, this
9292 Act takes effect September 1, 2025.