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3. HB 1197 �-?Nue <br />e�_ments with Landowners <br />This bill added Subchapter G, entitled "Agreement Governing Certain Land in a Municipality's <br />Extraterritorial Jurisdiction," to Chapter 212 of the TL. GC "'Municipal Regulation of Subdivisions <br />and Property Development." The bill provides that a city council can enter into a written <br />contract with an owner of land in the city's ETJ to (1) guarantee the land's immunity from <br />annexation for a period of up to fifteen years- (2) extend certain aspects of the city's land use <br />and environmental authority over the land; (3) authorize enforcement of land use regulations <br />other than those that apply within the city; (4) provide for infrastructure for the land; and (5) <br />provide for the annexation of the land as a whole or in parts and to provide for the terms of <br />annexation, if annexation is agreed to by the parties. <br />4. 'Deve I'll , rnent Plats <br />5, <br />Sections 212.041-212.050 of the TLGC provide authority for municipalities to accept <br />development plats in the ETJ. A development plat, however, should not be confused with a <br />subdivision plat. The authority to regulate subdivisions is found in Subchapter A of Chapter 212 <br />whereas the authority to regulate property development through the use of plats 'is found in <br />Subchapter B of Chapter 212 of the TLGC. A city must choose by ordinance to be covered by <br />Subchapter B (or the law codified by that subchapter) (TLGC Sec. 212.041 and if a municipality <br />so chooses, any person who requests development of a tract of land in the corporate limits of <br />ETJ must prepare a development plat. "Development," for purposes of Subchapter B, means <br />"the new construction or the enlargement of any exterior dimension of any building, structure, <br />tr improvement." <br />Subchapter B expressly provides that it "does not authorize a municipality to require municipal <br />building permits or otherwise enforce the municipality's building code in its extraterritorial <br />jurisdiction." (Sec. 212.049.) <br />Chapter 216 of the Texas Local Government Code addresses the relocation, reconstruction o <br />. a <br />removal of a sign in the ETJ. Specifically, Section 216.003 allows municipalities to "'require th <br />relocation, reconstruct ion, or removal of any o <br />sin within its corporate 11imits,, or extraterrit <br />gri <br />0 <br />jurisdiction'" subject to the detailed regulatory procedure included in Sec. 216.0035 (creation o <br />municipal sign control board, compensation requirements,. exceptions and appeal provisions). <br />A home -rule municipality has other authority to regulate signs. Home rule cities may license, <br />regulate, control, or prohibit the erection of signs or billboards by charter or ordinance in <br />compliance with Chapter 216 of TLGC, (Sec 216,901.) Municipalities may regulate the location <br />proximity, size, separation, setback and height provisions so long as the ordinance reflects a <br />reasonable relationship to the public health, safety or general welfare. <br />A horne-rule city may extend the provisions of its outdoor sign regulatory ordinance and enforce <br />the ordinance within its ETJ. In lieu of regulatory ordinances, however, home -rule cities may <br />.?Ilow the Texas Transportation Commission to regulate outdoor signs in the ETJ by filing a <br />a <br />w 'tten notice with the Commissiont If a municipality extends its outdoor sign ordinance within <br />ri I <br />