Bill Text: TX HB1970 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the authority of certain municipalities and counties to regulate subdivisions in the extraterritorial jurisdiction of a municipality by agreement.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Passed) 2013-06-14 - Effective immediately [HB1970 Detail]
Download: Texas-2013-HB1970-Enrolled.html
| H.B. No. 1970 | ||
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| relating to the authority of certain municipalities and counties to | ||
| regulate subdivisions in the extraterritorial jurisdiction of a | ||
| municipality by agreement. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 242.001(h), Local Government Code, is | ||
| amended to read as follows: | ||
| (h) This subsection applies only to a county to which | ||
| Subsections (b)-(g) do not apply, except that this subsection does | ||
| not apply to a county subject to Section 242.002 or a county that | ||
| has entered into an agreement under Section 242.003. For an area in | ||
| a municipality's extraterritorial jurisdiction, as defined by | ||
| Section 212.001, a plat may not be filed with the county clerk | ||
| without the approval of both the municipality and the county. If a | ||
| municipal regulation and a county regulation relating to plats and | ||
| subdivisions of land conflict, the more stringent regulation | ||
| prevails. However, if one governmental entity requires a plat to be | ||
| filed for the subdivision of a particular tract of land in the | ||
| extraterritorial jurisdiction of the municipality and the other | ||
| governmental entity does not require the filing of a plat for that | ||
| subdivision, the authority responsible for approving plats for the | ||
| governmental entity that does not require the filing shall issue on | ||
| request of the subdivider a written certification stating that a | ||
| plat is not required to be filed for that subdivision of the land. | ||
| The certification must be attached to a plat required to be filed | ||
| under this subsection. | ||
| SECTION 2. Chapter 242, Local Government Code, is amended | ||
| by adding Section 242.003 to read as follows: | ||
| Sec. 242.003. AUTHORITY OF CERTAIN BORDER COUNTIES AND | ||
| MUNICIPALITIES TO REGULATE SUBDIVISIONS IN EXTRATERRITORIAL | ||
| JURISDICTION BY AGREEMENT. (a) This section applies only to a | ||
| county having a population of more than 800,000 and located on the | ||
| international border and a municipality that has extraterritorial | ||
| jurisdiction, as defined by Section 212.001, in that county. | ||
| (b) A county and a municipality may enter into an agreement | ||
| that identifies the governmental entity authorized to regulate | ||
| subdivision plats and approve related permits in the | ||
| extraterritorial jurisdiction of the municipality in a manner | ||
| consistent with Section 242.001(d). The county and the | ||
| municipality shall adopt the agreement by order, ordinance, or | ||
| resolution. | ||
| (c) The agreement must be amended by the county and the | ||
| municipality if necessary to take into account an expansion or | ||
| reduction in the extraterritorial jurisdiction of the | ||
| municipality. The municipality shall notify the county of any | ||
| expansion or reduction in the municipality's extraterritorial | ||
| jurisdiction. Any expansion or reduction in the municipality's | ||
| extraterritorial jurisdiction that affects property that is | ||
| subject to a preliminary or final plat, a plat application, or an | ||
| application for a related permit filed with the municipality or the | ||
| county or that was previously approved under Section 212.009 or | ||
| Chapter 232 does not affect any rights accrued under Chapter 245. | ||
| The approval of the plat, any permit, a plat application, or an | ||
| application for a related permit remains effective as provided by | ||
| Chapter 245 regardless of the change in designation as | ||
| extraterritorial jurisdiction of the municipality. | ||
| (d) In an unincorporated area outside the extraterritorial | ||
| jurisdiction of a municipality, the municipality may not regulate | ||
| subdivisions or approve the filing of plats, except as provided by | ||
| Chapter 791, Government Code. | ||
| (e) Property subject to pending approval of a preliminary or | ||
| final plat is governed by Section 242.001(i). | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the 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, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1970 was passed by the House on April | ||
| 25, 2013, by the following vote: Yeas 136, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1970 was passed by the Senate on May | ||
| 20, 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
