HonorableRobert Gallaway Opinion No. WW-1438

DistrictAttorney 84th JudicialDistrict Borger, Texas

Dear Mr. Gallaway: Re: Whether the approval of the CommissionersCourt 1s required before the County Clerk Is authorized to file subdivisionplats of tracts of land located in counties of 190,000populationor 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 opinionrequest of this office,you in effect state the followingfacts:

A tract of land lying outside the city limits of an Incorporatedcity but within five miles of the city limits of said city has been subdividedand 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 CommissionersCourt of the county wherein the tract of land lies has never Invoked the authority granted to It in regard to the subdivisionof tracts of land so situatedas 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 authorizedby said Section 3 to’do in its discretion. (The countywherein the iand lies falls wlthin the county classificationrequisite set forth in Section 1 of Article 6626a. )

You then in effect ask If under t.he above enumerated circumstancesthe County CommissionersCourt by the provislons of Section 4 of Article 6626a must apprme the subdivisionand 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.

. 7 I

. 3 fionorable

Robert Gallaway,page 2 (~~-1438)

lies, when tke County CommlsslonersCourt has never made any requirementon the subdividersIn regard to their subdivision work as the Commlssloners Court is authorized to make In Its discretionunder Section 3 of Article 6626a.

Article 6626, Vernon's Civil Statutes,Article 948, and Article 6626~1, Insofaras the subdivisionof the land which IS Involvedherein Is concerned, are In para materla

. and must be consideredtogether. When so considered,we see that Article 6626 In part authorizes the County Clerk to file subdivisionplats of tracts of land situatedoutside of an incorporatedcity or town, but within five miles of the corporate limits when the subdivisionhas been approved by only the governingbody of the city or the planning commissionof the city per Article 974a.

Among other things,Article 97&a sets forth the procedure to be followed In obtainingapprovalby city authorities of plats for the subdivisionof tracts of land located either within the corporatelimits of cities or towns or within five miles of the corporatelimits of cities or towns.

Article 6626a applies only to.countiesof 190,000 population or less accordingto the last precedingfederal census. In such counties,the subdividerand platter of any tract of land located outside of the corporate limits must meet the requirementsset forth In this article itxaddltion to the requirementswhich occure under Article 974a.

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

Section 3 sets forth a procedure the Commissioners Court is to follow when making, It Its discretion, certainadditional requirementsof the subdividerand platter as enumerated in said section.

Section 4 of Article 6626a specificallystates that:
"Sec. 4. The CommissionersCourt 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 requirementsas set forth in this Act; and there Is submittedat.*--. -

. .

, HonorableRobert Oallaway, page 3 (Ww-1438)

the time of approval of such map or plat such bond as may be requiredby 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 CommissionersCourt of a county which subdividers and platters of tracts of land thereinmight Ignore If they can successfully hide their subdivisionand plattingwork from the eyes of the CommissionersCourt of the county where the subdividedtract lies.

It Is Incumbentupon any such subdividersshould they desire to.have their plats filed for record In the County Clerk'a office to submit their plats to the CommissionersCourt for Its off.lclal

considerationand action thereon. Obviously when the CommissionersCourt 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 CommleslonersCourt has set out any additional requirementsas per Section 3. If the CommissionersCourt does not disapprove of a plat or does not refuse to authorize the subdividersto file such plat In the office of the County Clerk when passing upon the question of whether a plat "meets the requirementsas 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 CommissionersCourt must approve and authorize the filing of the subdivisionplat under the facts In question.
SUMMARY The approval and authorizationof the Commlsaloners Court Is requiredbefore 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 .

.HonorableRobert Gallaway,page 4 (WW-1438

already approved the subdivisionplat, and wt-.en the County CommlsslonersCourt has never made any requirementon'the subdivider and platter in regard to the subdivision work as the CommissionersCourt Is authorizedto make In Its discretionunder Section3 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
REVEIWEDF03 THE ATTORNEY GENERAL By: Leonard Passnore