ORDER MO 27@33 SUPGORT pF1SSRGE OF HOUSE BILL 1445 On this the 14th day of May c@@1, ~.ipon motion Commissioner Baldwin, seconded by Commissioner Court unanimously approved by a vote of 4-@-@, as supporting the passage of House Bill ~ 1445 agreement between a county and municipality to s~_ibdivision in the ET7 of a municipality. nade by Griffin, the to go on record relating to the regulate a COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: H.A. "Buster" Baldwin OFFICE: Commissioners' Court MEETING DATE: May 14, 2001 "-~" I TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss supporting House Bill 1445 (provides for an agreement between the county and the municipality to regulate a subdivision in the ETJ of a municipality) and authorize the County Judge to write a letter to the state. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: Commissioner Pct. #1 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. HBA-LJ? G S.F..P. 1945 'iv (Ri BILL ANALY S,IS Office off &lcuse Bill Ar~alysisC.S.H.B. 1945 By: T~wrn~r, Bob hand S Resource Managemen*_ 3i30/20G1 Committee Report (Substituted) d&T~Q'&f;128L711i~fi7D r'SfJ"J PURPOSE; 40n~der ~u:,v=sa~rt law, a subdivision in the extraterritorial jurisdiction (ETJ) oŁ 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. 1495 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 biL7LI does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 1995 amends the Local Government Code to prohibit a p7Latt ffs~an 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 municipaRnty and a county to enter into a written agreement that identifies whether tEae 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 .../viewtext.cmd?LEG=77&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=01445&VIS/ 1 /O1 ~ a ___' _ .. _ _..... ~ "J l.__.. =. >. H. 3. 7 <4_ r~~ ~d:i E yes the cr~.gina 1 b}' prcrfribiting a municipality and a count~~ 1'.r-~m bs-_'i reyu.lating subdi~~isions i.n the extraterritorial jurisdicti~~n (1~PJ~ c~'. a municipality and sets forth provisions relating tc the ~r~se~˘.en` he'~ween the rrunicipalitJ and county to regulate the ETJ. The srrbst.itud:e aut.`ivrizes a country or m~~~r.icipality to regulate a subdivision under an adcp`ed agreement and sets f<:,rth provisions relating to the apprcpr_atien t~i the jarisdicti_on of the ETJ and an interlocal agreement between the col.nty grid municipality. The substitute subjects the ETJ to the same rec_tilstrory authority as the original if a county and a municipality do not Pave an agreement. .../viewtext.cmd?LEG=77&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=01445&V 5/1/O1