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AN ACT
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relating to the authority of certain municipalities and counties to |
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regulate subdivisions in the extraterritorial jurisdiction of a |
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municipality by agreement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 242.001(h), Local Government Code, is |
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amended to read as follows: |
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(h) This subsection applies only to a county to which |
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Subsections (b)-(g) do not apply, except that this subsection does |
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not apply to a county subject to Section 242.002 or a county that |
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has entered into an agreement under Section 242.003. For an area in |
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a municipality's extraterritorial jurisdiction, as defined by |
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Section 212.001, a plat may not be filed with the county clerk |
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without the approval of both the municipality and the county. If a |
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municipal regulation and a county regulation relating to plats and |
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subdivisions of land conflict, the more stringent regulation |
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prevails. However, if one governmental entity requires a plat to be |
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filed for the subdivision of a particular tract of land in the |
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extraterritorial jurisdiction of the municipality and the other |
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governmental entity does not require the filing of a plat for that |
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subdivision, the authority responsible for approving plats for the |
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governmental entity that does not require the filing shall issue on |
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request of the subdivider a written certification stating that a |
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plat is not required to be filed for that subdivision of the land. |
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The certification must be attached to a plat required to be filed |
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under this subsection. |
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SECTION 2. Chapter 242, Local Government Code, is amended |
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by adding Section 242.003 to read as follows: |
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Sec. 242.003. AUTHORITY OF CERTAIN BORDER COUNTIES AND |
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MUNICIPALITIES TO REGULATE SUBDIVISIONS IN EXTRATERRITORIAL |
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JURISDICTION BY AGREEMENT. (a) This section applies only to a |
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county having a population of more than 800,000 and located on the |
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international border and a municipality that has extraterritorial |
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jurisdiction, as defined by Section 212.001, in that county. |
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(b) A county and a municipality may enter into an agreement |
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that identifies the governmental entity authorized to regulate |
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subdivision plats and approve related permits in the |
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extraterritorial jurisdiction of the municipality in a manner |
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consistent with Section 242.001(d). The county and the |
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municipality shall adopt the agreement by order, ordinance, or |
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resolution. |
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(c) The agreement must be amended by the county and the |
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municipality if necessary to take into account an expansion or |
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reduction in the extraterritorial jurisdiction of the |
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municipality. The municipality shall notify the county of any |
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expansion or reduction in the municipality's extraterritorial |
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jurisdiction. Any expansion or reduction in the municipality's |
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extraterritorial jurisdiction that affects property that is |
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subject to a preliminary or final plat, a plat application, or an |
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application for a related permit filed with the municipality or the |
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county or that was previously approved under Section 212.009 or |
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Chapter 232 does not affect any rights accrued under Chapter 245. |
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The approval of the plat, any permit, a plat application, or an |
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application for a related permit remains effective as provided by |
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Chapter 245 regardless of the change in designation as |
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extraterritorial jurisdiction of the municipality. |
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(d) In an unincorporated area outside the extraterritorial |
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jurisdiction of a municipality, the municipality may not regulate |
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subdivisions or approve the filing of plats, except as provided by |
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Chapter 791, Government Code. |
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(e) Property subject to pending approval of a preliminary or |
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final plat is governed by Section 242.001(i). |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1970 was passed by the House on April |
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25, 2013, by the following vote: Yeas 136, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1970 was passed by the Senate on May |
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20, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |