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