Case Information
*1 The Attorney General of Texas December 30. 1983
JIM MAlTOX
Attorney General Opinion No. JM-121
Suprem Coutt BulldInS Howard County Attorney P. 0. Box 12S4S Auslln. TX. 78711.2548 Rs: Approval of maps or plats Room 205, Courthouse 51214752w)l 79720 by city council or city planning Big Spring, Texan 1d.r 9101874.1337 article cmssion 974a. T*lecopler s12J47M2SS V.T.C.S. 714 J4ckMfl. Suite 700 Dear Mr. Miller: qaaar. TX. 752024508 214i742dS44
You have requested our opinion on several questions concerning a to extend tte approved 4824 Ah,,4 A”% SultO 180 El P44o.n. 7wo52793 ~[hereinafter RTJ]. You have asked what cltandards a city may or is 01- required to adopt in Its approval process of subdivision plats in ~the
n ETJ. You have also aeked whether a city may adopt a different set the ETJ opposed standard8 located within those 31 Texan. wte 700 located and whether city may adopt
HOUIfon. TX. 770029111 different standarda the RTJ itself for aubdlvl6lons dependirig 713/22358(# upon the proximity of a rubdlvialon corporate city. In your final question you ask whether a city may require MS Broaw~y. SIllto 312 to be brought up to city as A condition &ubboch TX. 704014479 annexation or furnishing services to the area. 006i747.5222 be l nawered Many of your questions up by article 6626~. uo9 N. Tenfh. Suit. 6 ‘i7.T.C.S.. A. -ended during the most recent legislative session. Actr, MCAllm, TX. 7ssol-l-se5 .1983, 68th Leg.. :ch. 327. at 1717. This statute, formerly 512fM24M7 , controls the only to count1es.uader 190.000 population and the RTJ for ell proceaa countlen vith an exception not pertinent 200 Mrln Plaza. SUN* 400 to your inquiry. We note former version of article 6626a WAS hn AnIonlo. TX. 7-2797 the Acta placed road end bridge act without amendments. 51212254101 at 1459. Rowever, eince chapter 1983, 68th Leg., ch. 288, 12.402. 327 is a later enactment the came legislative session. we believe it controls over regulation provisions. sections An Equ4l Opponunltyl Alfkm4llre Acflon Employer 2.401 and 2.402, of the county Road and Bridge Act. 6626~ nov provides in part as follows:
Sec. 1. (A) [applies to all counties1 (b) The owner of any tract situated without the limit6 State of Texan. who may hereafter divide the same
in two (2) more parts the purpose laying *2 out of any tract land. or an additton without the corporate of any tom or city, or for laying out suburban lots or and the purpose laying out building lots.
streets, AllS,‘S. or parks, or other portions intended for public use, or the use of purchasers or ounere lots fronting thereon or adjacent thereto, shall cause a plat to be made thereof, which shall accurately describe all or . . . giving the dimensions thereof
of said or addition and the dimensions Of Ally lots, streets, alleys, parks, or other portions same. intended to be dedicated
public use or for the use of purchasers or owners lots fronting thereon adjacent thereto, provided. however, that no plat of any subdivision of any tract or any addition shall be recorded’unless same shall accurately describe all of said . . . . 6626~ grants
Section 3 of article the commissioners court authority adopt requirements streets right-of-way in In addition to the “shoulder-to-shoulder” width. Section 3(e) grants the commissioners court the authority to adopt “reasonable specificationsl’ for “road construction the SubdivIsion” and section Authority to- adopt road drainage 3(f) gives county regulations. The subdivider may also be required to post a bond with a county in an amount not to exceed estimated cost road constructlon. Id. 53(g). -
The commissioners Court may refuse to approve a subdivislon unless it meets with the county’s road standards. Id. 54. is A new provision 4A(a) and specifically authorit= county sue injunction and damages event road specification are ViOlAtAd. A county’s It also declares violation the regulations adopted by the commissioners court to be A class “B” misdemeanor. .is new 6626a.a. V.T.C.S., statute adopted this year.
Acts 1983. 68th Leg., ch. 327. 52. at It provides in part section 2 AS follows: t
under extraterritorial :~rifE:;on as defin:d b:“&rsticlr 970a] no plat filed with the county clerk without authorization of both county.
Inside jurisdiction, have independent authority to regulate [article 970a) [974a]
other statutes cities: have independent
regulate subdivisions under [article 6626a]
other statutes applicable to counties. Inside extraterritorial jurisdiction vhenever such city regulations conflict with such
regulations. the more stringent provisions of such in unincorporated regulations shall govern; areas outside extraterritorial jurisdiction city shall have no authority to regulate subdivisions or to authorize filing of plate, except provided by The Interlocal Corporation Act [article 4413 (32~11.
This uew statute -states that a city has to regulate subdivisions pursuant to articles 970. and 9748 but that the city has uo authority to regulate eubdlvleione outside of ETJ.
Article 970.. V.T.C.S.. the Municipal Annexation Act, eetabliehee ETJ of the city of Big Spring at one mile. Id. 13(A)(2). Section 4 of the Municipal Annexation Act permits 7 extend Its ordinance its ETJ:
The governing body 9f any city may extend by ordinance all of area under its extraterritorial application of such c*ty’s ordinance eetebllshing rules
regulations governing plate and the of land; provided, violation .of any any provision any such ordinance outside corporate city, but within such extraterritorial jurisdiction. shall not constitute misdemeanor under such ordinance nor fine provided in such ordinance a violation within ruch SXtrA- territorial jurisdiction. However, any city vhf& extends AppliCAtiOn Of ordinance Its establishing rules and regulations governing the area
And the extraterritorial have the right to Institute an action in the district court .of any provision enjoin violation such such jurisdiction. the district court have the power grant any or all types injunctive relief
such cases. 974a. V.T.C.S.. on the other hand, provides for city plat five miles limits.
Section 1 of article requires developers
five miles of a city’s to prepare a plat for city approval. 4 of statute provides city must approve if five miles
conforms to the city’s general growth plan. The section provides full AS fOllOws: conform
If such plan or plat, or replat the general plan of said city and its streets. alleys, parks, playgrounds, and public utility facilltiee. including those which have been or may laid out. and the general plan for the extension of such city and of its roads. streets, and public highways within city and within five miles of the corporate thereof, regard being had for access to and extension of sewer and water mains the instrumentalities of public utilities. if same conform such gAnArA1 mleS And regulatione. if any. governing plats and subdivieione of falling its as the governing body of such may adopt and promulgate to promote the health, general safety. morale or welfare of
community, safe, orderly and healthful development of Said cormaunity (which general rules and regulations for e&d purposes such cities are hereby authorized to adopt and promulgate after public hearing held thereon). then it be the duty City Planning Coannission or body such governing city. the case Mayo be, to endorse approval upon the plat, plat or replat submitted it. to simply paraphrase, requires the city to approve
subdivision plat if it is in harmony with city’s subdivision ordinance. Article 6626 also provides for municipal approval subdivlelon plats five miles of any municipAllty. The five mile ,range for approval 6626 and 974a
plats contained in articles is not explicitly repealed by the new statute. article 6626~~. However, we believe five mile range is impliedly repealed and a city may not exercise any plAt approval outside its AXtrAterritOriAl which cities may be lees. than five miles. some Article 6626aa explicitly states outside the ETJ a city has no authority regulate or to approve plats. that a city
We believe is not authorized to adopt a lesser set of city’s ETJ. 970a provides extension ordinance. Regardless of whether a city has extended or not Its ETJ, article 974a requires a city to approve plat therein If it conforms “general
plan” for Streets, parks, utilities, like, and also if conforms to the
general rules and regulations, if any. governing plate and subdivisions land falling vithin as the governing body of such city may adopt and promulgate.
Id. Any rules that a city adopts concerning the approval rubdivieion plats must relate to the promotion of the “health. safety. morals general welfare of the community, and the safe, orderly healthful development of said community.” Id. Obviously, this is a - broad grant of authority. Our determination a city may not adopt different for subdivieion plat approval in them ETJ makes it unnecessary answer your inquiry concerning the authority of to require to be brought up to standards before annexation.
SUMMARY A city may approve or disapprove city’ a vithin established under article 970a if the plats conform to
JIM MATTOX Attorney General of Texas TOM GREEN
First Aeeietant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
prepared by David Brooks Attorney General
ASSiStAnt
APPROVED:
OPINION COMMITTEE
Rick Gilpin. Chairman
David Brooks
Colln Carl
Susan Garrison
Jim Moellinger
Nancy Sutton