Honorable Robert Gallaway Opinion No. WW-1438 

District Attorney 

84th Judicial District 

Borger, Texas 

Dear Mr. Gallaway: 

Re: Whether the approval of the 

Commissioners Court 1s required before the County 

Clerk Is authorized to file 

subdivision plats of tracts 

of land located in counties 

of 190,000 population or 

less, according to the last 

preceding federal census, 

when the land 1s outside of 

a city but within five miles 

of the city limits thereof 

and when the city has already approved the subdlvlslon plat. 

In a recent opinion request of this office, you in 

effect state the following facts: 

A tract of land lying outside the city limits of an 

Incorporated city but within five miles of the city limits of 

said city has been subdivided and platted. The subdivision 

and plat thereof has been approved by the city, which city 1s 

within five miles of the tract, by following the prccedure 

set out under Article 9743, Vernonts Civil Statutes. Tne 

County Commissioners Court of the county wherein the tract of 

land lies has never Invoked the authority granted to It in 

regard to the subdivision of tracts of land so situated as 

the Instant tract under Section 3 of Artlcie 6626a, nor has 

the Commissioners Court. made any requests of the subdividers 

and platters as It 1s authorized by said Section 3 to’do in 

its discretion. (The county wherein the iand lies falls wlthin the county classification requisite set forth in Section 1 

of Article 6626a. ) 

You then in effect ask If under t.he above enumerated 

circumstances the County Commissioners Court by the provislons 

of Section 4 of Article 6626a must apprme the subdivision and 

plat of said tract of land before said plat can be flied In 

the office of the County Clerk of the county wherein the land 
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fionorable Robert Gallaway, page 2 (~~-1438) 

lies, when tke County Commlssloners Court has never made any 

requirement on the subdividers In regard to their subdivision 

work as the Commlssloners Court is authorized to make In Its 

discretion under Section 3 of Article 6626a. 

Article 6626, Vernon's Civil Statutes, Article 948, 

and Article 6626~1, Insofar as the subdivision of the land 

which IS Involved herein Is concerned, are In para materla . 

and must be considered together. When so considered, we see 

that Article 6626 In part authorizes the County Clerk to file 

subdivision plats of tracts of land situated outside of an 

incorporated city or town, but within five miles of the corporate limits when the subdivision has been approved by only the 

governing body of the city or the planning commission of the 

city per Article 974a. 

Among other things, Article 97&a sets forth the procedure to be followed In obtaining approval by city authorities of plats for the subdivision of tracts of land located 

either within the corporate limits of cities or towns or within five miles of the corporate limits of cities or towns. 

Article 6626a applies only to.counties of 190,000 

population or less according to the last preceding federal 

census. In such counties, the subdivider and platter of any 

tract of land located outside of the corporate limits must 

meet the requirements set forth In this article itxaddltion 

to the requirements which occure under Article 974a. 

Section 1 of Article 6626a sets forth certain requirements that must be met by any such subdivider and platter. 

Section 3 sets forth a procedure the Commissioners 

Court is to follow when making, It Its discretion, certain additional requirements of the subdivider and platter as enumerated 

in said section. 

Section 4 of Article 6626a specifically states that: 

"Sec. 4. The Commissioners Court 

of any such county shall have the authority to refuse to approve and aut.horize any map or plat of any such 

scbdlvislon, u:-Jezs such map or plat 

meets the requirements as set forth 

in this Act; and there Is submitted at 
.*--. - 

. . 

, 

Honorable Robert Oallaway, page 3 (Ww-1438) 

the time of approval of such map or 

plat such bond as may be required by 

this Act." 

The grant of such authority, as quoted above, cannot be considered as the bestowal of some Idle and superfluous 

authority and duty upon the Commissioners Court of a county 

which subdividers and platters of tracts of land therein might 

Ignore If they can successfully hide their subdivision and 

platting work from the eyes of the Commissioners Court of the 

county where the subdivided tract lies. 

It Is Incumbent upon any such subdividers should 

they desire to.have their plats filed for record In the County 

Clerk'a office to submit their plats to the Commissioners Court 

for Its off.lclal consideration and action thereon. 

Obviously when the Commissioners Court acts thereon 

It can disapprove and refuse to authorize the filing of such 

plat with the County Clerk's office If such plat falls to meet 

the requirements of any section of Article 6626a Including 

Section 1 irrespective of whether the Commlesloners Court has 

set out any additional requirements as per Section 3. If the 

Commissioners Court does not disapprove of a plat or does not 

refuse to authorize the subdividers to file such plat In the 

office of the County Clerk when passing upon the question of 

whether a plat "meets the requirements as set forth in this 

a&," (Emphasis added) the Couun1ssioners Court has in fact 

approved the p&it and authorized Its filing whether It has 

stamped "approved and authorized" on said plat or whether it 

has stamped "not disapproved and not unauthorized" thereon. 

We therefore answer your question - yes. The County 

Commissioners Court must approve and authorize the filing of 

the subdivision plat under the facts In question. 

SUMMARY 

The approval and authorization of the 

Commlsaloners Court Is required before the 

Coutity Clerk Is authorized to file subdivision 

plats of tracts of land located In cocntles of 

190,000 population or 1ess;accordlng to the 

last preceding federal census, when the land 

Is outside of a city, but within five miles of 

the city limits thereof, when the city has 

. 

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Honorable Robert Gallaway, page 4 (WW-1438 

already approved the subdivision plat, and 

wt-.en the County Commlssloners Court has 

never made any requirement on'the subdivider 

and platter in regard to the subdivision work 

as the Commissioners Court Is authorized to 

make In Its discretion under Section 3 of 

Article 6626a. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

B 

Assistant 

MR:ljb/gs 

APPROVED 

OPINION COKMITTEE 

W. V. Geppert, Chairman 

L. P. Lollar 

Joe Osborn 

James Broadhurst 

!6Zrvln Seritell 

REVEIWED F03 THE ATTORNEY GENERAL 

By: Leonard Passnore