CHAPTER 242. AUTHORITY OF MUNICIPALITY AND COUNTY TO REGULATE SUBDIVISIONS IN AND OUTSIDE MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND

RELATED ACTIVITIES

SUBTITLE C. REGULATORY AUTHORITY APPLYING TO MORE THAN ONE TYPE

OF LOCAL GOVERNMENT

CHAPTER 242. AUTHORITY OF MUNICIPALITY AND COUNTY TO REGULATE

SUBDIVISIONS IN AND OUTSIDE MUNICIPALITY'S EXTRATERRITORIAL

JURISDICTION

Sec. 242.001. REGULATION OF SUBDIVISIONS IN EXTRATERRITORIAL

JURISDICTION GENERALLY. (a) This section applies only to a

county operating under Sections 232.001-232.005 or Subchapter B,

C, or E, Chapter 232, and a municipality that has

extraterritorial jurisdiction in that county. Subsections (b)-(g)

do not apply:

(1) within a county that contains extraterritorial jurisdiction

of a municipality with a population of 1.9 million or more;

(2) within a county within 50 miles of an international border,

or to which Subchapter C, Chapter 232, applies; or

(3) to a tract of land subject to a development agreement under

Subchapter G, Chapter 212, or other provisions of this code.

(b) 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 the

governmental entity authorized under Subsection (c) or (d) to

regulate subdivisions in the area.

(c) Except as provided by Subsections (d)(3) and (4), a

municipality and a county may not both regulate subdivisions and

approve related permits in the extraterritorial jurisdiction of a

municipality after an agreement under Subsection (d) is executed.

The municipality and the county shall enter into a written

agreement that identifies the governmental entity authorized to

regulate subdivision plats and approve related permits in the

extraterritorial jurisdiction. For a municipality in existence on

September 1, 2001, the municipality and county shall enter into a

written agreement under this subsection on or before April 1,

2002. For a municipality incorporated after September 1, 2001,

the municipality and county shall enter into a written agreement

under this subsection not later than the 120th day after the date

the municipality incorporates. On reaching an agreement, the

municipality and county shall certify that the agreement complies

with the requirements of this chapter. The municipality and the

county shall adopt the agreement by order, ordinance, or

resolution. The agreement must be amended by the municipality and

the county 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) An agreement under Subsection (c) may grant the authority to

regulate subdivision plats and approve related permits in the

extraterritorial jurisdiction of a municipality as follows:

(1) the municipality may be granted exclusive jurisdiction to

regulate subdivision plats and approve related permits in the

extraterritorial jurisdiction and may regulate subdivisions under

Subchapter A of Chapter 212 and other statutes applicable to

municipalities;

(2) the county may be granted exclusive jurisdiction to regulate

subdivision plats and approve related permits in the

extraterritorial jurisdiction and may regulate subdivisions under

Sections 232.001-232.005, Subchapter B or C, Chapter 232, and

other statutes applicable to counties;

(3) the municipality and the county may apportion the area

within the extraterritorial jurisdiction of the municipality with

the municipality regulating subdivision plats and approving

related permits in the area assigned to the municipality and the

county regulating subdivision plats and approving related permits

in the area assigned to the county; or

(4) the municipality and the county may enter into an interlocal

agreement that:

(A) establishes one office that is authorized to:

(i) accept plat applications for tracts of land located in the

extraterritorial jurisdiction;

(ii) collect municipal and county plat application fees in a

lump-sum amount; and

(iii) provide applicants one response indicating approval or

denial of the plat application; and

(B) establishes a single set of consolidated and consistent

regulations related to plats, subdivision construction plans, and

subdivisions of land as authorized by Chapter 212, Sections

232.001-232.005, Subchapters B and C, Chapter 232, and other

statutes applicable to municipalities and counties that will be

enforced in the extraterritorial jurisdiction.

(e) 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 The Interlocal Cooperation Act, Chapter 791, Government Code.

(f) If a certified agreement between a county and municipality

as required by Subsection (c) is not in effect on or before the

applicable date prescribed by Section 242.0015(a), the

municipality and the county must enter into arbitration as

provided by Section 242.0015. If the arbitrator or arbitration

panel, as applicable, has not reached a decision in the 60-day

period as provided by Section 242.0015, the arbitrator or

arbitration panel, as applicable, shall issue an interim decision

regarding the regulation of plats and subdivisions and approval

of related permits in the extraterritorial jurisdiction of the

municipality. The interim decision shall provide for a single set

of regulations and authorize a single entity to regulate plats

and subdivisions. The interim decision remains in effect only

until the arbitrator or arbitration panel reaches a final

decision.

(g) If a regulation or agreement adopted under this section

relating to plats and subdivisions of land or subdivision

development establishes a plan for future roads that conflicts

with a proposal or plan for future roads adopted by a

metropolitan planning organization, the proposal or plan of the

metropolitan planning organization prevails.

(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. 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.

(i) Property subject to pending approval of a preliminary or

final plat application filed after September 1, 2002, that is

released from the extraterritorial jurisdiction of a municipality

shall be subject only to county approval of the plat application

and related permits and county regulation of that plat. This

subsection does not apply to the simultaneous exchange of

extraterritorial jurisdiction between two or more municipalities

or an exchange of extraterritorial jurisdiction that is

contingent on the subsequent approval by the releasing

municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 46(c), 87(n), eff.

Aug. 28, 1989; Acts 1997, 75th Leg., ch. 1428, Sec. 1, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 404, Sec. 26, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 736, Sec. 2, eff. Sept. 1, 2001;

Acts 2001, 77th Leg., ch. 1028, Sec. 1, eff. Sept. 2001; Acts

2003, 78th Leg., ch. 523, Sec. 1, 3(a), 4, eff. June 20, 2003.

Sec. 242.0015. ARBITRATION REGARDING SUBDIVISION REGULATION

AGREEMENT. (a) This section applies only to a county and a

municipality that are required to make an agreement as described

under Section 242.001(f). If a certified agreement between a

county and a municipality with an extraterritorial jurisdiction

that extends 3.5 miles or more from the corporate boundaries of

the municipality is not in effect on or before January 1, 2004,

the parties must arbitrate the disputed issues. If a certified

agreement between a county and a municipality with an

extraterritorial jurisdiction that extends less than 3.5 miles

from the corporate boundaries of the municipality is not in

effect on or before January 1, 2006, the parties must arbitrate

the disputed issues. A party may not refuse to participate in

arbitration requested under this section. An arbitration decision

under this section is binding on the parties.

(b) The county and the municipality must agree on an individual

to serve as arbitrator. If the county and the municipality cannot

agree on an individual to serve as arbitrator, the county and the

municipality shall each select an arbitrator and the arbitrators

selected shall select a third arbitrator.

(c) The third arbitrator selected under Subsection (b) presides

over the arbitration panel.

(d) Not later than the 30th day after the date the county and

the municipality are required to have an agreement in effect

under Section 242.001(f), the arbitrator or arbitration panel, as

applicable, must be selected.

(e) The authority of the arbitrator or arbitration panel is

limited to issuing a decision relating only to the disputed

issues between the county and the municipality regarding the

authority of the county or municipality to regulate plats,

subdivisions, or development plans.

(f) Each party is equally liable for the costs of an arbitration

conducted under this section.

(g) The arbitrator or arbitration panel, as applicable, shall

render a decision under this section not later than the 60th day

after the date the arbitrator or arbitration panel is selected.

If after a good faith effort the arbitrator or panel has not

reached a decision as provided under this subsection, the

arbitrator or panel shall continue to arbitrate the matter until

the arbitrator or panel reaches a decision.

(h) A municipality and a county may not arbitrate the

subdivision of an individual plat under this section.

Added by Acts 2003, 78th Leg., ch. 523, Sec. 5, eff. June 20,

2003.

Sec. 242.002. REGULATION OF SUBDIVISIONS IN POPULOUS COUNTIES OR

CONTIGUOUS COUNTIES. (a) This section applies only to a county

operating under Section 232.006.

(b) For an area in a municipality's extraterritorial

jurisdiction, as defined by Section 212.001, a subdivision plat

may not be filed with the county clerk without the approval of

the municipality.

(c) In the extraterritorial jurisdiction of a municipality, the

municipality has exclusive authority to regulate subdivisions

under Subchapter A of Chapter 212 and other statutes applicable

to municipalities.

(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 The Interlocal Cooperation Act (Article 4413(32c), Vernon's

Texas Civil Statutes).

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 46(d), 87(o), eff.

Aug. 28, 1989; Acts 2001, 77th Leg., Ch. 669, Sec. 77, eff. Sept.

1, 2001.