Laserfiche WebLink
9. Submit annexations to the U.S. Justice Department for preclearance not later than the 90tn <br />day before the effective date of the annexation or the earliest date permitted under federal <br />law (Sec.43.906 (a)). <br />Section 6. Municipal Re�ulation of the Extraterritorial Jurisdiction (ETJ) <br />The policy purpose regarding the ETJ is stated in Sec. 42.001 of the TLGC. Chapters 42 and 43 of the <br />TLGC address the Municipal Annexation Act. The City of Paris' population has, under Sec. 42.021 a <br />"number of inhabitants" between 25,000-49,999, "and therefore the extent of (its) extraterritorial <br />jurisdiction" is two (2) miles. <br />Sec. 42.023 states: "The extraterritorial jurisdiction of a municipality may not be reduced unless the <br />governing body of the municipality gives its written consent by ordinance or resolution, except in cases <br />of judicial apportionment of overlapping extraterritorial jurisdiction under Sect. 42.901." <br />Section 42.022 discusses the expansion of the ETJ. The code also addresses the very rare issue of <br />overlapping ET1s. <br />1. Municipal Re�ulations Within the ETJ <br />Texas cities do not have the statutory ability to zone property within their ETJ; however, Sec. <br />212.003 states that a city's subdivision regulations are applicable within its ETJ if that <br />municipality has extended its subdivision regulations into the ETJ by ordinance. (Note: Paris' <br />Subdivision Regulations states that said regulations also apply in the ETJ.) <br />A municipality may regulate subdivisions and approve plats for tracts of land located outside its <br />city limits and outside its ETJ if there is an interlocal agreement providing for such regulation <br />and approval (Sec. 242.001 (e)). If a property lies within the ETJ of more than one municipality, <br />the municipality with the larger population has the responsibility for approval (Sec. 212.007 (a)). <br />2. Subdivisions, HB 1445. and the ETJ <br />House Bill 1445 was adopted by the 2001 Session of the Texas Legislature and provided for an <br />agreement between a county and a municipality to regulate a subdivision in the ETJ of a <br />municipality. H.B. 1445, now in Chapter 242 of the Texas Local Government Code, required that <br />a city and county shall enter into a written agreement that identifies the governmental entity <br />authorized to regulate subdivision plats and approve related permits in the ETJ (Sec. 242.001 <br />(a)). For a municipality existing on September 1, 2001, the municipality and county were <br />required to enter into a written agreement on or before April 1, 2002 (Sec. 242.001 (c). <br />Texas municipalities have four options under H.B. 1445: (1) the county will possess no authority <br />over plats and all review will be done by the city; (2) the city possesses no authority over plats <br />and all review will be done by the county; (3) the city and county will divide the ETJ <br />geographically and each will delineate in which area it possesses authority over plats; and (4) <br />the city and county jointly review plats under their respective authority, but there must be one <br />filing fee, one office to file plats, and one uniform and consistent set of plat regulations. <br />6 <br />�_ 6� <br />