|
|
R E S O L U T I O N
|
|
|
BE IT RESOLVED by the House of Representatives of the State of |
|
Texas, 88th Legislature, Regular Session, 2023, That House Rule 13, |
|
Section 9(a), be suspended in part as provided by House Rule 13, |
|
Section 9(f), to enable the conference committee appointed to |
|
resolve the differences on House Bill 3697 (county regulation of |
|
subdivisions and approval of subdivision plans or plats) to |
|
consider and take action on the following matters: |
|
(1) House Rule 13, Sections 9(a)(1), (3), and (4), are |
|
suspended to permit the committee to change, alter, or amend text |
|
which is not in disagreement, to add text on any matter which is not |
|
in disagreement, and to add text on any matter which is not included |
|
in either the house or senate version of the bill in proposed |
|
SECTION 1 of the bill, in Section 232.001, Local Government Code, by |
|
amending Subsection (a) and adding Subsection (g) to read as |
|
follows: |
|
(a) The owner of a tract of land located outside the limits |
|
of a municipality must have a plat of the subdivision prepared if |
|
the owner divides the tract into two or more parts to lay out: |
|
(1) a subdivision of the tract, including an addition; |
|
(2) lots; or |
|
(3) streets, alleys, squares, parks, or other parts of |
|
the tract intended by the owner of the tract to be dedicated to |
|
public use [or for the use of purchasers or owners of lots fronting |
|
on or adjacent to the streets, alleys, squares, parks, or other |
|
parts]. |
|
(g) A plat is considered filed on the date the applicant |
|
submits the plat, along with a completed plat application and the |
|
application fees and other requirements prescribed by or under this |
|
subchapter, to: |
|
(1) the commissioners court; or |
|
(2) the county authority responsible for approving |
|
plats. |
|
Explanation: The change is necessary to repeal the plat |
|
preparation requirement in relation to purchasers or owners of |
|
certain lots and to specify the date on which a plat is considered |
|
filed. |
|
(2) House Rule 13, Section 9(a)(4), is suspended to permit |
|
the committee to add text on any matter which is not included in |
|
either the house or senate version of the bill by adding the |
|
following SECTIONS to the bill: |
|
SECTION 2. Subchapter A, Chapter 232, Local Government |
|
Code, is amended by adding Sections 232.0012 and 232.0022 to read as |
|
follows: |
|
Sec. 232.0012. CONSTRUCTION OF SUBCHAPTER. This subchapter |
|
may not be construed to restrict a county from establishing a |
|
submittal calendar to be used by an applicant to facilitate |
|
compliance with the approval process described by Sections |
|
232.0025, 232.0026, 232.0027, and 232.0028. |
|
Sec. 232.0022. DELEGATION OF APPROVAL RESPONSIBILITY. (a) |
|
The commissioners court of a county or the court's designee may |
|
designate to one or more officers or employees of the county the |
|
authority to approve, approve with conditions, or disapprove a |
|
plat. |
|
(b) An applicant has the right to appeal to the |
|
commissioners court or the court's designee if the designated |
|
person or persons disapprove a plat. |
|
SECTION 3. The heading to Section 232.0025, Local |
|
Government Code, is amended to read as follows: |
|
Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF PLATS |
|
[AND PLANS]. |
|
SECTION 5. Section 232.0026(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) A commissioners court or county authority responsible |
|
for approving plats [designee] that conditionally approves or |
|
disapproves of a plat application under this subchapter shall |
|
provide the applicant a written statement of the conditions for the |
|
conditional approval or the reasons for disapproval that clearly |
|
articulates each specific condition for the conditional approval or |
|
reason for disapproval. |
|
SECTION 6. Sections 232.0027 and 232.0028, Local Government |
|
Code, are amended to read as follows: |
|
Sec. 232.0027. APPROVAL PROCEDURE: APPLICANT RESPONSE TO |
|
CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional |
|
approval or disapproval of a plat application under Section |
|
232.0026, the applicant may submit to the commissioners court or |
|
county authority responsible for approving plats [designee] that |
|
conditionally approved or disapproved the application a written |
|
response that satisfies each condition for the conditional approval |
|
or remedies each reason for disapproval provided. The |
|
commissioners court or county authority [designee] may not |
|
establish a deadline for an applicant to submit the response. |
|
Sec. 232.0028. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL |
|
OF RESPONSE. (a) A commissioners court or county authority |
|
responsible for approving plats [designee] that receives a response |
|
under Section 232.0027 shall determine whether to approve or |
|
disapprove the applicant's previously conditionally approved or |
|
disapproved plat application not later than the 15th day after the |
|
date the response was submitted under Section 232.0027. |
|
(b) A commissioners court or county authority responsible |
|
for approving plats [designee] that conditionally approves or |
|
disapproves a plat application following the submission of a |
|
response under Section 232.0027: |
|
(1) must comply with Section 232.0026; and |
|
(2) may disapprove the application only for a specific |
|
condition or reason provided to the applicant for the original |
|
application under Section 232.0026. |
|
(c) A commissioners court or county authority responsible |
|
for approving plats [designee] that receives a response under |
|
Section 232.0027 shall approve a previously conditionally approved |
|
or disapproved plat application if the applicant's response |
|
adequately addresses each condition for the conditional approval or |
|
each reason for the disapproval. |
|
(d) A previously conditionally approved or disapproved plat |
|
application is approved if: |
|
(1) the applicant filed a response that meets the |
|
requirements of Subsection (c); and |
|
(2) the commissioners court or county authority |
|
responsible for approving plats [designee] that received the |
|
response does not disapprove the application on or before the date |
|
required by Subsection (a) and in accordance with Section 232.0026. |
|
SECTION 8. Section 232.0025(d-1), Local Government Code, is |
|
repealed. |
|
Explanation: The change is necessary to provide limitations |
|
on county regulation of subdivisions and approval of subdivision |
|
plats and plans. |
|
(3) House Rule 13, Section 9(a)(4), is suspended to permit |
|
the committee to add text on any matter which is not included in |
|
either the house or senate version of the bill in proposed SECTION 4 |
|
of the bill, by amending Sections 232.0025(b), (c), (d), (f), (g), |
|
and (h), Local Government Code, and adding Section 232.0025(f-1), |
|
Local Government Code, to read as follows: |
|
(b) If a person submits a plat application to the |
|
commissioners court that does not include all of the documentation |
|
or other information required by Subsection (a), the commissioners |
|
court or the county authority responsible for approving plats |
|
[court's designee] shall, not later than the 10th business day |
|
after the date the commissioners court receives the application, |
|
notify the applicant of the missing documents or other information. |
|
The commissioners court shall allow an applicant to timely submit |
|
the missing documents or other information. |
|
(c) An application is considered complete when all |
|
documentation or other information required by Subsection (a) is |
|
received. Acceptance by the commissioners court or the county |
|
authority responsible for approving plats [court's designee] of a |
|
completed plat application with the documentation or other |
|
information required by Subsection (a) shall not be construed as |
|
approval of the documentation or other information. |
|
(d) Except as provided by Subsection (f), the commissioners |
|
court or the county authority responsible for approving plats |
|
[court's designee] shall approve, approve with conditions, or |
|
disapprove a plat application not later than the 30th day after the |
|
date the completed application is received by the commissioners |
|
court or the county authority [court's designee]. An application is |
|
approved by the commissioners court or the county authority |
|
[court's designee] unless the application is disapproved within |
|
that period and in accordance with Section 232.0026. |
|
(f) The 30-day period under Subsection (d): |
|
(1) for a purpose related to Chapter 2007, Government |
|
Code, may be extended for a period not to exceed 30 days, if: |
|
(A) requested and agreed to in writing by the |
|
applicant and approved by the commissioners court or the county |
|
authority responsible for approving plats [court's designee]; or |
|
(B) Chapter 2007, Government Code, requires the |
|
county to perform a takings impact assessment in connection with |
|
the plat application; or [and] |
|
(2) for a purpose unrelated to Chapter 2007, |
|
Government Code, may be extended for one or more periods, not to |
|
exceed 30 days, if requested and agreed to in writing by the |
|
applicant and approved by the commissioners court or the county |
|
authority. |
|
(f-1) The 30-day period under Subsection (d) applies only to |
|
a decision wholly within the control of the commissioners court or |
|
the county authority responsible for approving plats [court's |
|
designee]. |
|
(g) The commissioners court or the county authority |
|
responsible for approving plats [court's designee] shall make the |
|
determination under Subsection (f)(1) of whether the 30-day period |
|
will be extended not later than the 20th day after the date a |
|
completed plat application is received by the commissioners court |
|
or the county authority [court's designee]. |
|
(h) The commissioners court or the county authority |
|
responsible for approving plats [court's designee] may not require |
|
an applicant to waive the time limits or approval procedure |
|
contained in this subchapter. |
|
Explanation: The change is necessary to conform to other |
|
changes made in the bill and to change requirements relating to the |
|
timely approval of plat applications. |
|
(4) House Rule 13, Sections 9(a)(1), (3), and (4), are |
|
suspended to permit the committee to change, alter, or amend text |
|
which is not in disagreement, to add text on any matter which is not |
|
in disagreement, and to add text on any matter which is not included |
|
in either the house or senate version of the bill in proposed |
|
SECTION 4 of the bill, by amending Section 232.0025(i), Local |
|
Government Code, to read as follows: |
|
(i) If the commissioners court or the county authority |
|
responsible for approving plats [court's designee] fails to |
|
approve, approve with conditions, or disapprove a plat application |
|
as required by this subchapter: |
|
(1) the commissioners court shall refund the greater |
|
of the unexpended portion of any application fee or deposit or 50 |
|
percent of an application fee or deposit that has been paid; |
|
(2) the application is granted by operation of law; |
|
[and] |
|
(3) the applicant may apply to a district court in the |
|
county where the tract of land is located for a writ of mandamus to |
|
compel the commissioners court to issue documents recognizing the |
|
plat application's approval; |
|
(4) the applicant shall recover reasonable attorney's |
|
fees and court costs incurred in bringing an action under |
|
Subdivision (3) if the applicant prevails; and |
|
(5) the county may recover reasonable attorney's fees |
|
and court costs incurred in an action brought under Subdivision (3) |
|
if the county prevails and the court finds the action is frivolous. |
|
Explanation: The change is necessary to conform to other |
|
changes made in the bill and to provide for the awarding of |
|
attorney's fees and court costs in certain actions. |