Bill Text: TX HB3328 | 2023-2024 | 88th Legislature | Comm Sub

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Bill Title: Relating to the authority of certain counties and municipalities to regulate certain subdivisions in a municipality's extraterritorial jurisdiction.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-05-05 - Committee report sent to Calendars [HB3328 Detail]

Download: Texas-2023-HB3328-Comm_Sub.html

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88R23287 SCL-F
By: Vasut H.B. No. 3328
Substitute the following for H.B. No. 3328:
By: Burns C.S.H.B. No. 3328

A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain counties and municipalities to
regulate certain subdivisions in a municipality's extraterritorial
jurisdiction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 242, Local Government Code, is amended
by adding Sections 242.0012 and 242.0013 to read as follows:
Sec. 242.0012. UNILATERAL AMENDMENT OF JURISDICTION
AGREEMENT BY CERTAIN COUNTIES FOR CERTAIN PARCELS. (a) This
section applies only to:
(1) a county that has a population of more than 370,000
and contains more than eight municipalities, each with a population
of less than 2,000; and
(2) a parcel of land located in a county described by
Subdivision (1) that:
(A) is greater than 10 acres in size or is platted
as part of a phased development that is greater than 10 acres in
size;
(B) is proposed to be subdivided into residential
parcels, each less than one-half acre in size;
(C) is not subject to an agreement under Section
42.044; and
(D) is not subject to an annexation agreement
with a municipality in which the municipality annexes the parcel
not later than the earlier of:
(i) the 20th anniversary of the date any
bond for improvements to the parcel is issued by a municipal utility
district; or
(ii) the 30th anniversary of the date the
agreement is entered into.
(b) A county by order may amend an agreement entered into
under Section 242.001(c) with a municipality to transfer exclusive
jurisdiction to the county to regulate subdivision platting for a
parcel subject to this section.
(c) Before a county may amend an agreement under Subsection
(b), the county must:
(1) consult in person with a representative of the
municipality that is a party to the agreement proposed to be
amended; and
(2) provide the municipality with written notice of
the county's intent to amend the agreement not later than the 90th
day before the date the county amends the agreement.
(d) A county's authority under an amendment adopted under
Subsection (b) applies only to a plat application filed on or after
the date the county adopts the order under that subsection.
Sec. 242.0013. AMENDMENT BY ARBITRATION FOR AGREEMENTS WITH
CERTAIN COUNTIES. (a) This section applies only to a county that
has a population of more than 370,000 and contains more than eight
municipalities, each with a population of less than 2,000.
(b) Except as provided by Subsection (c), a party to an
agreement entered into under Section 242.001(c) may submit an
amendment to the agreement to binding arbitration. Except as
provided by Subsection (c), the other party to the agreement may
submit any other amendment to the agreement for consideration in
the same arbitration not later than the 30th day after the date the
other party receives notice of the arbitration.
(c) A party may not submit an amendment to arbitration under
this section if the amendment applies to a parcel of land to which
Section 242.0012 applies.
(d) Before submitting an amendment to an agreement to
arbitration under Subsection (b), the party that initiates the
arbitration shall consult in person with and provide written notice
not later than the 30th day before the date the arbitration is
initiated to:
(1) if the party is a county, a representative of the
municipality that is the other party to the agreement; or
(2) if the party is a municipality, a representative
of the county that is the other party to the agreement and each
other municipality in the county.
(e) Only one arbitration may be conducted under this section
every 10 years regarding the same agreement entered into under
Section 242.001(c).
(f) Sections 242.0015(b), (c), (e), (f), (g), and (h) apply
to an arbitration conducted under this section. The arbitrator or
arbitration panel, as applicable, must be selected not later than
the 30th day after the date a party provides notice under Subsection
(d).
(g) A county or municipality's authority under an amendment
submitted under Subsection (b) applies only to a plat application
filed on or after the date the arbitrator or arbitration panel, as
applicable, renders a decision under this section.
SECTION 2. 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, 2023.