Vasut Bill Lets Counties Over 370,000 Rewrite City Plat Deals Alone

The text as introduced · 748 words

89R2067 SCL-D

By: Vasut
H.B. No. 282

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) In this

section, "qualified parcel" means a parcel of land that:

(1) is greater than 10 acres in size or is platted as

part of a phased development that is greater than 10 acres in size;

(2) is proposed to be subdivided into residential

parcels, each less than one-half acre in size;

(3) is not subject to an agreement under Section

42.044; and

(4) is not subject to an annexation agreement with a

municipality in which the municipality annexes the parcel not later

than the earlier of:

(A) the 20th anniversary of the date any bond for

improvements to the parcel is issued by a municipal utility

district; or

(B) the 30th anniversary of the date the

agreement is entered into.

(b) This section applies only to a county that has a

population of more than 370,000 and contains more than six

municipalities, each with a population of less than 2,000.

(c) The commissioners court of 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 qualified parcel.

(d) Before the commissioners court of a county may amend an

agreement under Subsection (c), 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 commissioners court's intent to amend the agreement not later

than the 90th day before the date the commissioners court amends the

agreement.

(e) A county's authority under an amendment adopted under

Subsection (c) applies only to a plat application filed on or after

the date the commissioners court of 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 six

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 qualified parcel, as

defined by Section 242.0012.

(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, 2025.