HBA-LJP C.S.H.B. 1445 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1445
By: Turner, Bob
Land & Resource Management
3/30/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a subdivision in the extraterritorial jurisdiction (ETJ)
of a municipality is subject to both municipal and county development
regulations.  This may lead to unnecessary expenses and delays for property
owners because municipalities and counties have different standards,
requirements, and levels of authority over subdivisions.  C.S.H.B. 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

C.S.H.B. 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 both regulating
subdivisions in the extraterritorial jurisdiction (ETJ) of the
municipality.  The bill requires, on or before January 1, 2002, a
municipality and a county to enter into a written agreement that identifies
whether the county or the municipality is authorized to regulate
subdivision plats and approve related permits in the ETJ 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 a single governmental entity that is
authorized to regulate in the ETJ, subdivisions requirements and procedures
to comply with provisions relating to a plat application for the ETJ. 

If a municipality and a county do not enter into the agreement, the bill
provides that in the ETJ of a municipality: the municipality is authorized
to regulate a subdivision only if the entire area of the subdivision is
included in the ETJ of the municipality when the application for the plat
was filed; and the county is authorized to regulate a subdivision only if
all or part of the subdivision is not included in the ETJ of the
municipality when the application for the plat was filed. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1445 modifies the original by prohibiting a municipality and a
county from both regulating subdivisions in the extraterritorial
jurisdiction (ETJ) of a municipality and sets forth provisions relating to
the agreement between the municipality and county to regulate the ETJ.  The
substitute authorizes a county or  municipality to regulate a subdivision
under an adopted agreement and sets forth provisions relating to the
appropriation of the jurisdiction of the ETJ and an interlocal agreement
between the county and municipality.  The substitute subjects the ETJ to
the same regulatory authority as the original if a county and a
municipality do not have an agreement.