Texas Attorney General Opinion: V-1401 Page: 2 of 6
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Hon. Ramie H. Griffin, page 2 (V-1401)
covenants, defeasances or other instruments
of writing concerning any lands or tenements,
or goods and chattels, or movable property
of any description; provided, however, that
in cases of subdivision or re-subdivision of
real property no map or plat of any such sub-
division or re-subdivision shall be filed or
recorded unless and until the same has been
authorized by the Commissioners' Court of the
county in which the real estate is situated
by order- duly entered in the minutes of said
Court, except in cases of partition or other
subdivision through a Court of record; pro-
vided, that within incorporated cities and
towns the governing body thereof in lieu of
the Commissioners' Court shall perform the
duties hereinabove imposed upon the Commis-
sioners' Court." (Emphasis added.)
In construing the above provisions, the Supreme
Court stated in Trawalter v. Schaefer, 142 Tex. 521,
179 SW.2d 765 (1944):
".. . It is plainly evident that the
exception to Article 6626, Acts 1931, regard-
ing maps-or plats of land situated within the
corporate limits of cities and towns operates
to keep in force the provisions of Article 974a,
Acts 1927, in so far as such last-mentioned
Act covers maps or plats of land situated with-
in the corporate limits of the cities and towns
mentioned therein, but it does not operate to
preserve or keep in force such Act in so far
as it covers extraterritorial lands. Certainly
had the Legislature intended such a construc-
tion to be given Article 6626, Acts 1931, it
would have included lands within five miles of
cities and towns of 25,000 inhabitants or more
in the language of the exception.
"Even if it should be held that Article
6626, Acts 1931, has not repealed the extra-
territorial provisions of Article 974a, Acts
1927, then maps or plats of lands located
within five miles of cities and towns contain-
ing 25,000 inhabitants or more would be includ-
ed within the provisions of both Acts, and in
such instances both Acts would have to be com-
plied with. We hardly think that such was the
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1401, text, February 5, 1952; (https://texashistory.unt.edu/ark:/67531/metapth266219/m1/2/: accessed July 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.