Texas Attorney General Opinion: JM-508 Page: 3 of 7
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Honorable Timothy D. Yeats - Page 3 (JM-508)
Article 6626aa, V.T.C.S., requires that within a city's extra-
territorial jurisdiction as determined by article 970a, V.T.C.S., "no
plat shall be filed with the county clerk without the authorization of
both the city and the county." The city's authorization is found in
article 974a, V.T.C.S., aad the county's authorization is found in
sections 2.401 or 2.402 of article 6702-1, the Road and Bridge Act.
These provisions require that every owner of a tract of land situated
within the extraterritoriaL jurisdiction who divide the same into two
or more parts "shall cause a plat to be made." V.T.C.S. art. 974a,
1; V.T.C.S. art. 6702-1, !i2.401(b), 2.402(b).
We now decide whether the dedicatory certificates and deeds
referred to above are in ej!fect maps or plats which are subject to the
requirements of article 974a and 6626aa, V.T.C.S. You have submitted
a copy of a dedicatory certificate for our review. This document is
not a map or plat. Cf. Attorney General Opinions C-695 (1966) (deeds
are not maps or plats); V-934 (1949) (field notes do not constitute
map or plat). A plat has been defined as a
map of a town, se ction, or subdivision showing the
location and boundaries of individual parcels of
land subdivided into lots, with streets, alleys,
easements, etc., usually drawn to scale.
See Blacks Law Dictionary (5th Ed. 1979). The dedicatory certificate
submitted is accompanied with "field notes" of a survey of the sub-
division giving a description of the property dedicated to the public.
Thus, the clerk is requirea to file the instrument in compliance with
section 11.004 of the Property Code. It has been held that this
duty is ministerial and may properly be enforced by mandamus. See
Turrentime v. Lasane, 389 S.W.2d 336 (Tex. Civ. App. - Waco 1965, no
writ). We also believe that the clerk has the same duty in regard to
the deeds you described in your request.
In answer to your second question concerning the current validity
of Attorney General Opinion C-695 (1965), we conclude that although
article 6626, V.T.C.S., ha; been repealed and superseded by chapter 12
of the Property Code, the opinion remains a correct statement of the
law in regard to the clerk's duty to record instruments. See V.T.C.S.
art. 6626b, repealed by A:ts 1983, 68th leg., ch. 576, at 3729, eff.
Jan. 1, 1984. See also Property Code 12.001 (instrument must be
recorded if duly acknowledged or proved according to law); Property
Code 12.002 (recording of subdivision maps and plats). The attorney
general held that the county clerk was required to file and record
upon request properly acknowledged deeds; notwithstanding, the
subdivider did not file a nap or plat also required by article 974a,
V.T.C.S. Attorney General ()pinion C-695 (1966).
In regard to your th:lrd question, you indicate that the city of
Big Spring has a population of 5,000 or more but under 25,000. Thus,
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-508, text, 1986; (texashistory.unt.edu/ark:/67531/metapth272948/m1/3/: accessed January 16, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.