Untitled Texas Attorney General Opinion ( 1962 )

Honorable Robert Gallaway Opinion No. WW-1438 District Attorney 84th Judicial District Re: Whether the approval of the Borger, Texas Commissioners Court 1s re- quired 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 al- ready approved the subdlvl- Dear Mr. Gallaway: slon 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 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 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 wlth- in the county classification requisite set forth in Section 1 of Article 6626a. ) You then in effect ask If under t.heabove enumerated circumstances the County Commissioners Court 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 . I . 7 . 3 fionorableRobert Gallaway, page 2 (``-1438) lies, when tke County Commlssloners Court has never made any requirement on the subdividersIn regard to their subdivision work as the CommlsslonersCourt 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 corpo- rate limits when the subdivisionhas 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 pro- cedure to be followed In obtaining approval by city authorit- ies of plats for the subdivision of tracts of land located either within the corporate limits of cities or towns or with- in 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 re- quirements 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 add- itional 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 au- thority to refuse to approve and au- t.horizeany map or plat of any such scbdlvislon,u:-Jezssuch map or plat meets the requirementsas 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, can- not 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.lclalconsideration 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 Couun1ssionersCourt 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 CoutityClerk 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 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 subdivisionwork 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 !6ZrvlnSeritell REVEIWED F03 THE ATTORNEY GENERAL By: Leonard Passnore