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.