Texas Attorney General Opinion: JM-508 Page: 2 of 7
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Honorable Timothy D. Yeats .- Page 2 (JM-508)
is not within five miles of the corporate limits
of the city of Bi:$ Spring as provided in section 7
of article 974a (section 7 was transferred from
Texas Penal Code article 427b by authority of
section 5 of Ac1:s 1973, 63rd Legislature, page
995, chapter 399, enacting the new Texas Penal
5. If Attornaey General Opinion C-695 is a
correct statement of the law, then, is it true
that the plattiag statutes can be completely
circumvented by t'.e developers using the procedure
6. Would the subdivider who utilizes the above
described procedure be in violation of article
6626c of the Texz.s Revised Civil Statutes (former
article 1137h of the Texas Penal Code which was
referred to on p.ge 3 of Attorney General Opinion
C-695) by either recording the deeds and dedi-
catory certificate referred to above or by using
the metes and bounds description in the deed and
referring to the streets and alleys which were
dedicated to the use of the public in the
7. If the county clerk is required to record
the deeds and c.edicatory certificates notwith-
standing a failure to comply with the above
referenced platting statutes then what procedures
can the city and county utilize to get the sub-
dividers to comply with the platting statutes and
the city's subdivision development ordinance?
This office has recently issued an opinion discussing the
relationship among articles 974a and 6626aa, V.T.C.S., and section
12.002 of the Property Code. See Attorney General Opinion JM-365
(1985). In Attorney Genrral Opinion JM-365 (1985) the attorney
general concluded that within the city of Palestine's one-mile
extraterritorial jurisdici:ion, as determined by article 970a,
V.T.C.S., a subdivision plat shall not be filed without complying with
both articles 974a and 6626aa rather than section 12.002 of the
Property Code. Thus, the subdivision plat must have prior approval by
both the city of Palestine and the county of Anderson before it may be
filed by the county clerk. Attorney General Opinion JM-365 (1985).
It should also be noted that both article 6626aa, V.T.C.S., and
section 12.002 of the Property Code require compliance with article
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-508, text, 1986; (texashistory.unt.edu/ark:/67531/metapth272948/m1/2/: accessed January 23, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.