Texas Local Government Code 242.003 – Authority of Certain Border Counties and Municipalities to Regulate Subdivisions in Extraterritorial Jurisdiction by Agreement
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(a) This section applies only to:
(1) a county that is located on the international border and contains a municipality with a population of 500,000 or more; and
(2) a municipality that has extraterritorial jurisdiction, as defined by § 212.001, in the county described by Subdivision (1).
(b) A county and a municipality may enter into an agreement that identifies the governmental entity authorized to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction of the municipality in a manner consistent with § 242.001(d). The county and the municipality shall adopt the agreement by order, ordinance, or resolution.
Terms Used In Texas Local Government Code 242.003
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(c) The agreement must be amended by the county and the municipality 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 § 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) 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 Chapter 791, Government Code.
(e) Property subject to pending approval of a preliminary or final plat is governed by § 242.001(i).