JIMMAlTOX AttorneyGeneral

**Suprem Coutt** **BulldInS P.** **0. Box** **12S4S Auslln.** **TX. 78711.2548**  **51214752w)l 1d.r**  **9101874.1337** **T*lecopler****s12J47M2SS**

**714 J4ckMfl.** **Suite 700**  **qaaar. TX.** **752024508 214i742dS44** 

**4824 Ah,,4**  **A ”%** **SultO 180**  **El P44o.n.**  **7wo52793 01-** 
**n**

**31 Texan.** 

**wte 700**  **HOUIfon.**

**TX. 770029111**  **713/22358(#**

**MS Broaw~y.** **SIllto 312**  **&ubboch**

**TX. 704014479**  **006i747.5222**

**uo9 N.** **Tenfh. Suit.** **6 MCAllm,** **TX. 7ssol-l-se5**  **512fM24M7**

**200 Mrln** **Plaza. SUN** ***400 hn**  **AnIonlo. TX.** **7-2797 51212254101** 

**An Equ4l** **Opponunltyl Alfkm4llre** **Acflon Employer**  

# TheAttorney General ofTexas

December 30. 1983

Honorable Robert D. Miller Howard

### County **Attorney** Room205, Courthouse Big Spring, Texan 79720 Opinion No.JM-121

**Rs:** Approval of maps or plats by city council or city planning cmssion under article 974a. V.T.C.S.

Dear Mr.Miller:

Youhave requested our opinion on several questions concerning a city ’s authority to extend tte subdivision ordinance into approved subdivision plate within the city ’s extraterritorial jurisdiction ~[hereinafter RTJ]. You have asked what cltandards a city may or is required to **adopt**in Its approval process of subdivision plats in ~the ETJ. Youhave also aeked whether a city mayadopt adifferent set of standard8 for subdivisions located within the ETJASopposed to those located within the city limits and whether the city may adopt different standarda within the RTJitself 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 subdivision **to** be brought up to city standards as A condition for annexation or furnishing services to the area. Many of your questions up be 

### l nawered by article 6626~.

‘i7.T.C.S.. A.-ended during the most recent legislative session. Actr, 

### .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 to your inquiry. Wenote that the former version of article 6626a WAS placed in the county road end bridge act without amendments. Acta 1983, 68th Leg., ch. 288, 12.402. 

### at 1459. Rowever, eince chapter 327 is a later enactment 

### of the came legislative session. webelieve that it controls over the subdivision regulation provisions. sections 2.401 and 2.402, of the county Roadand 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 mayhereafter divide the same 

### in two (2) 

### ormore parts for the purpose of laying

p. 510Honorable 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 3of 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 abond 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 Aclass “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. 511Honorable 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 ASprovided 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 ETJof 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 Amisdemeanor under such ordinance nor shall any fine provided **for** in such ordinance be applicable to a violation within ruch SXtrAterritorial 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.. onthe other hand, provides for city plat approval of subdivisions within five miles of the city limits. Section 1of 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. 512Honorable Robert D. Miller - Page 4 (JM-121)

conforms to the city ’s general growth plan. The section provides in full ASfOllOws:

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. ASthe case Mayobe, 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 newstatute. article 6626~~. However, webelieve that the five mile range is impliedly repealed and a city maynot 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 ETJa city has no authority to regulate subdivisions or to approve plats.

Webelieve that acity is not authorized to adopt alesser 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 acity has extended its subdivision ordinance or not into Its ETJ, article 974a requires acity 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 -Page5 (JM-121)

general rules andregulations, if any. governing plate andsubdivisions of land falling vithin its jurisdiction as the governing body of such city mayadopt andpromulgate.
Id. Any rules that a city adopts concerning the approval of rubdivieion plats mustrelate tothepromotion ofthe“health. safety. morals or

### general welfare ofthecommunity,andthesafe, orderly and healthful development of said community.” Id. Obviously, this is a - broadgrant ofauthority.
Ourdetermination that 

### acity maynot adopt different standards for 

### subdivieion plat approval in themETJmakes it unnecessary to answeryour inquiry concerning theauthority of A

### city to require the 

### subdivision tobebrought 

### uptostandards before annexation.
SUMMARY

Acity mayapprove or disapprove subdivision plate vithin that city’ a extraterritorial jurisdiction established underarticle 970aif the plats conform to

JIM MATTOX Attorney General ofTexas
TOM GREEN First Aeeietant Attorney General
DAVIDR. RICHARDS 

### Executive Assistant Attorney General prepared byDavidBrooks
ASSiStAnt 

### Attorney General
APPROVED: OPINIONCOMMITTEE
RickGilpin. Chairman DavidBrooks Colln Carl SusanGarrison JimMoellinger NancySutton

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