Sec. 242.0015.  ARBITRATION REGARDING SUBDIVISION REGULATION AGREEMENT.  (a)  This section applies only to a county and a municipality that are required to make an agreement as described under Section 242.001(f).  If a certified agreement between a county and a municipality with an extraterritorial jurisdiction that extends 3.5 miles or more from the corporate boundaries of the municipality is not in effect on or before January 1, 2004, the parties must arbitrate the disputed issues.  If a certified agreement between a county and a municipality with an extraterritorial jurisdiction that extends less than 3.5 miles from the corporate boundaries of the municipality is not in effect on or before January 1, 2006, the parties must arbitrate the disputed issues.  A party may not refuse to participate in arbitration requested under this section.  An arbitration decision under this section is binding on the parties.
(b)  The county and the municipality must agree on an individual to serve as arbitrator.  If the county and the municipality cannot agree on an individual to serve as arbitrator, the county and the municipality shall each select an arbitrator and the arbitrators selected shall select a third arbitrator.
(c)  The third arbitrator selected under Subsection (b) presides over the arbitration panel.
(d)  Not later than the 30th day after the date the county and the municipality are required to have an agreement in effect under Section 242.001(f), the arbitrator or arbitration panel, as applicable, must be selected.
(e)  The authority of the arbitrator or arbitration panel is limited to issuing a decision relating only to the disputed issues between the county and the municipality regarding the authority of the county or municipality to regulate plats, subdivisions, or development plans.
(f)  Each party is equally liable for the costs of an arbitration conducted under this section.
(g)  The arbitrator or arbitration panel, as applicable, shall render a decision under this section not later than the 60th day after the date the arbitrator or arbitration panel is selected.  If after a good faith effort the arbitrator or panel has not reached a decision as provided under this subsection, the arbitrator or panel shall continue to arbitrate the matter until the arbitrator or panel reaches a decision.
(h)  A municipality and a county may not arbitrate the subdivision of an individual plat under this section.
Added by Acts 2003, 78th Leg., ch. 523, Sec. 5, eff. June 20, 2003.