HB282 - Relating to the authority of certain counties and municipalities to regulate certain subdivisions in a municipality's extraterritorial jurisdiction.

  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.