The Attorney General of Texas
JIM MAlTOX December 30. 1983
Attorney General
Suprem Coutt BulldInS Honorable Robert D. Miller Opinion No. JM-121
P. 0. Box 12S4S Howard County Attorney
Auslln. TX. 78711.2548 Room 205, Courthouse Rs: Approval of maps or plats
51214752w)l Big Spring, Texan 79720 by city council or city planning
1d.r 9101874.1337
T*lecopler s12J47M2SS
cmssion under article 974a.
V.T.C.S.
714J4ckMfl. Suite 700 Dear Mr. Miller:
qaaar. TX. 752024508
214i742dS44
You have requested our opinion on several questions concerning a
city’s authority to extend tte subdivision ordinance into approved
4824 Ah,,4 A”% SultO180 subdivision plate within the city’s extraterritorial jurisdiction
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 of
31 Texan.wte 700 standard8 for subdivisions located within the ETJ AS opposed to those
HOUIfon.TX. 770029111 located within the city limits and whether the city may adopt
713/22358(# different standarda within the RTJ itself for aubdlvl6lons dependirig
upon the proximity of a rubdlvialon to the corporate limits of the
city. In your final question you ask whether a city may require a
MS Broaw~y. SIllto 312
&ubbochTX. 704014479 subdivision to be brought up to city standards as A condition for
006i747.5222 annexation or furnishing services to the area.
Many of your questions up be lnawered 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
512fM24M7 .1983, 68th Leg.. :ch. 327. at 1717. This statute, formerly applicable
only to count1es.uader 190.000 population , controls the plat approval
proceaa and the RTJ for ell countlen vith an exception not pertinent
200 Mrln Plaza.SUN*400
to your inquiry. We note that the former version of article 6626a WAS
hn AnIonlo. TX. 7-2797
placed in the county road end bridge act without amendments. Acta
51212254101
1983, 68th Leg., ch. 288, 12.402. at 1459. Rowever, eince chapter
327 is a later enactment of the came legislative session. we believe
An Equ4l Opponunltyl that it controls over the subdivision regulation provisions. sections
Alfkm4llre Acflon Employer 2.401 and 2.402, of the county Road and Bridge Act.
Article 6626~ nov provides in part as follows:
Sec. 1. (A) [applies to all counties1
(b) The owner of any tract of land situated
without the corporate limit6 of any city in the
State of Texan. who may hereafter divide the same
in two (2) or more parts for the purpose of laying
p. 510
Honorable Robert D. Miller - Page 2 (JM-121)
out any subdivision of any tract of land. or an
additton without the corporate limits of any tom
or city, or for laying out suburban lots or
building lots. and for the purpose of laying out
streets, AllS,‘S. or parks, or other portions
intended for public use, or the use of purchasers
or ounere of lots fronting thereon or adjacent
thereto, shall cause a plat to be made thereof,
which shall accurately describe all of said
subdivision or . . . giving the dimensions thereof
of said subdivision or addition and the dimensions
Of Ally lots, streets, alleys, parks, or other
portions of same. intended to be dedicated to
public use or for the use of purchasers or owners
of lots fronting thereon or adjacent thereto,
provided. however, that no plat of any subdivision
of any tract of land or any addition shall be
recorded’unless the same shall accurately describe
all of said subdivision . . . .
Section 3 of article 6626~ grants to the commissioners court the
authority to adopt requirements for the streets right-of-way in
subdivisions In addition to the “shoulder-to-shoulder” width. Section
3(e) grants the commissioners court the authority to adopt “reasonable
specificationsl’ for “road construction within the SubdivIsion” and
section 3(f) gives the county Authority to- adopt road drainage
regulations. The subdivider may also be required to post a bond with
a county in an amount not to exceed the estimated cost of road
constructlon. -Id. 53(g).
The commissioners Court may refuse to approve a subdivislon plat
unless it meets with the county’s subdivision road standards. Id. 54.
Section 4A(a) is A new provision and specifically authorit= the
county to sue for injunction and damages in the event that the
county’s road specification are ViOlAtAd. It also declares A
violation of the regulations adopted by the commissioners court to be
A class “B” misdemeanor.
Article 6626a.a. V.T.C.S., .is A new statute adopted this year.
Acts 1983. 68th Leg., ch. 327. 52. at 1720. It provides in part in
section 2 AS follows:
under t extraterritorial
:~rifE:;on as defin:d b:“&rsticlr 970a] no plat
shall be filed with the county clerk without the
authorization of both the city and the county.
Inside said extraterritorial jurisdiction, the
city shall have independent authority to regulate
subdivisions under [article 970a) and [974a] and
other statutes applicable to cities: and the
county shall have independent authority to
p. 511
Honorable Robert D. Miller - Page 3 (JM-121)
regulate subdivisions under [article 6626a] and
other statutes applicable to counties. Inside
said extraterritorial jurisdiction vhenever such
city regulations conflict with such county
regulations. the more stringent provisions of such
regulations shall govern; and in unincorporated
areas outside said extraterritorial jurisdiction
city shall have no authority to regulate
subdivisions or to authorize the filing of plate,
except AS provided by The Interlocal Corporation
Act [article 4413 (32~11.
This uew statute -states that a city has authority to regulate
subdivisions pursuant to articles 970. and 9748 but that the city has
uo authority to regulate eubdlvleione outside of the city’s ETJ.
Article 970.. V.T.C.S.. the Municipal Annexation Act, eetabliehee the
ETJ of the city of Big Spring at one mile. Id. 13(A)(2). Section 4
of the Municipal Annexation Act permits 7 city to extend Its
subdivision ordinance into its ETJ:
The governing body 9f any city may extend by
ordinance to all of the area under its
extraterritorial jurisdiction the application of
such c*ty’s ordinance eetebllshing rules and
regulations governing plate and the subdivision of
land; provided, that any violation .of any
provision of any such ordinance outside the
corporate limits of the city, but within such
city’s extraterritorial jurisdiction. shall not
constitute A misdemeanor under such ordinance nor
shall any fine provided for in such ordinance be
applicable to a violation within ruch SXtrA-
territorial jurisdiction. However, any city vhf&
extends the AppliCAtiOn Of Its ordinance
establishing rules and regulations governing plate
And the subdivision of land to the area under its
extraterritorial jurisdiction shall have the right
to Institute an action in the district court to
enjoin the violation .of any provision of such
ordinance in such extraterritorial jurisdiction.
and the district court shall have the power to
grant any or all types of injunctive relief in
such cases.
Article 974a. V.T.C.S.. on the other hand, provides for city plat
approval of subdivisions within five miles of the city limits.
Section 1 of article 974. requires developers of subdivisions within
five miles of a city’s corporate limits to prepare a plat for city
approval. Section 4 of the statute provides that the city must
approve a subdivision plat within five miles if the subdivision
p. 512
Honorable Robert D. Miller - Page 4 (JM-121)
conforms to the city’s general growth plan. The section provides in
full AS fOllOws:
If such plan or plat, or replat shall conform
to the general plan of said city and its streets.
alleys, parks, playgrounds, and public utility
facilltiee. including those which have been or may
be laid out. and to the general plan for the
extension of such city and of its roads. streets,
and public highways within said city and within
five miles of the corporate limits thereof, regard
being had for access to and extension of sewer and
water mains and the instrumentalities of public
utilities. and if same shall conform to such
gAnArA1 mleS And regulatione. if any. governing
plats and subdivieione of land falling within its
jurisdiction as the governing body of such city
may adopt and promulgate to promote the health,
safety. morale or general welfare of the
community, and the 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 shall be the
duty of said City Planning Coannission or the
governing body of such city. AS the case Mayo be,
to endorse approval upon the plat, plat or replat
submitted to it.
Section 4. to simply paraphrase, requires the city to approve a
subdivision plat if it is in harmony with the city’s subdivision
ordinance. Article 6626 also provides for municipal approval of
subdivlelon plats within five miles of the corporate limits of any
municipAllty. The five mile ,range for city approval of subdivision
plats contained in articles 6626 and 974a is not explicitly repealed
by the new statute. article 6626~~. However, we believe that the five
mile range is impliedly repealed and a city may not exercise any plAt
approval authority outside of its AXtrAterritOriAl jurisdiction which
for some cities may be lees. than five miles. Article 6626aa
explicitly states that outside of the ETJ a city has no authority to
regulate subdivisions or to approve plats.
We believe that a city is not authorized to adopt a lesser set of
standards for the approval of subdivisions within the city’s ETJ.
Article 970a provides for the extension of the city’s subdivision
ordinance. Regardless of whether a city has extended its subdivision
ordinance or not into Its ETJ, article 974a requires a city to approve
any subdivision plat therein If it conforms to the city’s “general
plan” for Streets, parks, utilities, and the like, and also if the
subdivision plat conforms to the
p. 513
Honorable Robert D. Miller - Page 5 (JM-121)
general rules and regulations, if any. governing
plate and subdivisions of land falling vithin its
jurisdiction as the governing body of such city
may adopt and promulgate.
Id. Any rules that a city adopts concerning the approval of
rubdivieion plats must relate to the promotion of the “health. safety.
morals or general welfare of the community, and the safe, orderly and
healthful development of said community.” -Id. Obviously, this is a
broad grant of authority.
Our determination that a city may not adopt different standards
for subdivieion plat approval in them ETJ makes it unnecessary to
answer your inquiry concerning the authority of A city to require the
subdivision to be brought up to standards before annexation.
SUMMARY
A city may approve or disapprove subdivision
plate vithin that city’ a extraterritorial
jurisdiction established under article 970a if the
plats conform to
JIM MATTOX
Attorney General of Texas
TOMGREEN
First Aeeietant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
prepared by David Brooks
ASSiStAnt Attorney General
APPROVED:
OPINIONCOMMITTEE
Rick Gilpin. Chairman
David Brooks
Colln Carl
Susan Garrison
Jim Moellinger
Nancy Sutton
p. 514