HBA-LJP H.B. 1445 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1445 By: Turner, Bob Land & Resource Management 6/14/2001 Enrolled BACKGROUND AND PURPOSE Prior to the 77th Legislature, a subdivision in the extraterritorial jurisdiction (ETJ) of a municipality was subject to both municipal and county development regulations. This may have led to unnecessary expenses and delays for property owners because municipalities and counties have different standards, requirements, and levels of authority over subdivisions. House Bill 1445 provides for an agreement between the county and the municipality to regulate a subdivision in the ETJ of a municipality. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1445 amends the Local Government Code to prohibit a plat from being filed with the county clerk without the approval of the appropriate governmental entity. The bill prohibits a municipality and county from regulating subdivisions in the extraterritorial jurisdiction (ETJ) of the municipality after an agreement is executed that identifies whether the county or the municipality is authorized to regulate subdivision plats and approve related permits in the ETJ. The bill requires a municipality and a county by a specified time period to enter into such written agreement and adopt the agreement by order, ordinance, or resolution. The bill also sets forth provisions relating to the notification and the amendment of the agreement if there is any expansion or reduction in the ETJ. The bill also authorizes the municipality and the county to enter into an interlocal agreement that establishes one office that is authorized to regulate plat application procedures for the ETJ and establishes a consolidated and consistent sets of regulations related to plats and subdivisions of land. Until a written agreement is reached between the county and municipality, the bill prohibits a plat from being filed with the county clerk for an area in a municipality's ETJ without the approval of both the municipality and the county. The bill also sets forth procedures for the filing of a plat if one governmental entity requires the filing for the subdivision of a particular tract of land in the ETJ and the other governmental entity does not require such a filing. The above provisions do not apply within a county that contains an ETJ of a municipality with a population of 1.9 million or more or within a county within 50 miles of an international border or a county which platting requirements in certain economically distressed areas is applied. EFFECTIVE DATE September 1, 2001.