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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 88th |
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Legislature, Regular Session, 2023, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill 3697 (county regulation of subdivisions and approval |
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of subdivision plans or plats) to consider and take action on the |
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following matters: |
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(1) Senate Rules 12.03(1), (3), and (4) are suspended to |
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permit the committee to change, alter, or amend text which is not |
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in disagreement, to add text on any matter which is not in |
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disagreement, and to add text on any matter which is not included |
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in either the house or senate version of the bill in proposed |
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SECTION 1 of the bill, in Section 232.001, Local Government Code, |
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by amending Subsection (a) and adding Subsection (g) to read as |
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follows: |
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(a) The owner of a tract of land located outside the |
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limits of a municipality must have a plat of the subdivision |
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prepared if the owner divides the tract into two or more parts to |
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lay out: |
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(1) a subdivision of the tract, including an |
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addition; |
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(2) lots; or |
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(3) streets, alleys, squares, parks, or other parts |
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of the tract intended by the owner of the tract to be dedicated to |
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public use [or for the use of purchasers or owners of lots |
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fronting on or adjacent to the streets, alleys, squares, parks, |
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or other parts]. |
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(g) A plat is considered filed on the date the applicant |
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submits the plat, along with a completed plat application and the |
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application fees and other requirements prescribed by or under |
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this subchapter, to: |
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(1) the commissioners court; or |
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(2) the county authority responsible for approving |
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plats. |
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Explanation: The change is necessary to repeal the plat |
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preparation requirement in relation to purchasers or owners of |
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certain lots and to specify the date on which a plat is considered |
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filed. |
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(2) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on any matter which is not included in |
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either the house or senate version of the bill by adding the |
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following SECTIONS to the bill: |
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SECTION 2. Subchapter A, Chapter 232, Local Government |
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Code, is amended by adding Sections 232.0012 and 232.0022 to read |
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as follows: |
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Sec. 232.0012. CONSTRUCTION OF SUBCHAPTER. This |
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subchapter may not be construed to restrict a county from |
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establishing a submittal calendar to be used by an applicant to |
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facilitate compliance with the approval process described by |
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Sections 232.0025, 232.0026, 232.0027, and 232.0028. |
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Sec. 232.0022. DELEGATION OF APPROVAL RESPONSIBILITY. |
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(a) The commissioners court of a county or the court's designee |
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may designate to one or more officers or employees of the county |
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the authority to approve, approve with conditions, or disapprove |
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a plat. |
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(b) An applicant has the right to appeal to the |
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commissioners court or the court's designee if the designated |
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person or persons disapprove a plat. |
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SECTION 3. The heading to Section 232.0025, Local |
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Government Code, is amended to read as follows: |
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Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF |
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PLATS [AND PLANS]. |
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SECTION 5. Section 232.0026(a), Local Government Code, |
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is amended to read as follows: |
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(a) A commissioners court or county authority |
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responsible for approving plats [designee] that conditionally |
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approves or disapproves of a plat application under this |
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subchapter shall provide the applicant a written statement of the |
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conditions for the conditional approval or the reasons for |
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disapproval that clearly articulates each specific condition for |
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the conditional approval or reason for disapproval. |
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SECTION 6. Sections 232.0027 and 232.0028, Local |
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Government Code, are amended to read as follows: |
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Sec. 232.0027. APPROVAL PROCEDURE: APPLICANT RESPONSE TO |
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CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional |
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approval or disapproval of a plat application under Section |
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232.0026, the applicant may submit to the commissioners court or |
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county authority responsible for approving plats [designee] that |
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conditionally approved or disapproved the application a written |
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response that satisfies each condition for the conditional |
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approval or remedies each reason for disapproval provided. The |
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commissioners court or county authority [designee] may not |
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establish a deadline for an applicant to submit the response. |
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Sec. 232.0028. APPROVAL PROCEDURE: APPROVAL OR |
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DISAPPROVAL OF RESPONSE. (a) A commissioners court or county |
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authority responsible for approving plats [designee] that |
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receives a response under Section 232.0027 shall determine |
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whether to approve or disapprove the applicant's previously |
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conditionally approved or disapproved plat application not later |
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than the 15th day after the date the response was submitted under |
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Section 232.0027. |
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(b) A commissioners court or county authority |
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responsible for approving plats [designee] that conditionally |
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approves or disapproves a plat application following the |
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submission of a response under Section 232.0027: |
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(1) must comply with Section 232.0026; and |
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(2) may disapprove the application only for a |
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specific condition or reason provided to the applicant for the |
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original application under Section 232.0026. |
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(c) A commissioners court or county authority |
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responsible for approving plats [designee] that receives a |
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response under Section 232.0027 shall approve a previously |
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conditionally approved or disapproved plat application if the |
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applicant's response adequately addresses each condition for the |
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conditional approval or each reason for the disapproval. |
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(d) A previously conditionally approved or disapproved |
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plat application is approved if: |
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(1) the applicant filed a response that meets the |
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requirements of Subsection (c); and |
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(2) the commissioners court or county authority |
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responsible for approving plats [designee] that received the |
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response does not disapprove the application on or before the |
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date required by Subsection (a) and in accordance with Section |
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232.0026. |
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SECTION 8. Section 232.0025(d-1), Local Government Code, |
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is repealed. |
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Explanation: The change is necessary to provide |
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limitations on county regulation of subdivisions and approval of |
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subdivision plats and plans. |
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(3) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on any matter which is not included in |
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either the house or senate version of the bill in proposed |
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SECTION 4 of the bill, by amending Sections 232.0025(b), (c), |
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(d), (f), (g), and (h), Local Government Code, and adding Section |
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232.0025(f-1), Local Government Code, to read as follows: |
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(b) If a person submits a plat application to the |
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commissioners court that does not include all of the |
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documentation or other information required by Subsection (a), |
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the commissioners court or the county authority responsible for |
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approving plats [court's designee] shall, not later than the 10th |
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business day after the date the commissioners court receives the |
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application, notify the applicant of the missing documents or |
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other information. The commissioners court shall allow an |
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applicant to timely submit the missing documents or other |
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information. |
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(c) An application is considered complete when all |
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documentation or other information required by Subsection (a) is |
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received. Acceptance by the commissioners court or the county |
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authority responsible for approving plats [court's designee] of |
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a completed plat application with the documentation or other |
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information required by Subsection (a) shall not be construed as |
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approval of the documentation or other information. |
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(d) Except as provided by Subsection (f), the |
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commissioners court or the county authority responsible for |
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approving plats [court's designee] shall approve, approve with |
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conditions, or disapprove a plat application not later than the |
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30th day after the date the completed application is received by |
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the commissioners court or the county authority [court's |
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designee]. An application is approved by the commissioners court |
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or the county authority [court's designee] unless the |
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application is disapproved within that period and in accordance |
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with Section 232.0026. |
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(f) The 30-day period under Subsection (d): |
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(1) for a purpose related to Chapter 2007, |
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Government Code, may be extended for a period not to exceed 30 |
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days, if: |
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(A) requested and agreed to in writing by the |
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applicant and approved by the commissioners court or the county |
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authority responsible for approving plats [court's designee]; or |
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(B) Chapter 2007, Government Code, requires |
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the county to perform a takings impact assessment in connection |
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with the plat application; or [and] |
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(2) for a purpose unrelated to Chapter 2007, |
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Government Code, may be extended for one or more periods, not to |
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exceed 30 days, if requested and agreed to in writing by the |
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applicant and approved by the commissioners court or the county |
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authority. |
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(f-1) The 30-day period under Subsection (d) applies only |
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to a decision wholly within the control of the commissioners |
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court or the county authority responsible for approving plats |
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[court's designee]. |
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(g) The commissioners court or the county authority |
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responsible for approving plats [court's designee] shall make |
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the determination under Subsection (f)(1) of whether the 30-day |
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period will be extended not later than the 20th day after the date |
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a completed plat application is received by the commissioners |
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court or the county authority [court's designee]. |
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(h) The commissioners court or the county authority |
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responsible for approving plats [court's designee] may not |
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require an applicant to waive the time limits or approval |
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procedure contained in this subchapter. |
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Explanation: The change is necessary to conform to other |
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changes made in the bill and to change requirements relating to |
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the timely approval of plat applications. |
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(4) Senate Rules 12.03(1), (3), and (4) are suspended to |
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permit the committee to change, alter, or amend text which is not |
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in disagreement, to add text on any matter which is not in |
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disagreement, and to add text on any matter which is not included |
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in either the house or senate version of the bill in proposed |
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SECTION 4 of the bill, by amending Section 232.0025(i), Local |
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Government Code, to read as follows: |
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(i) If the commissioners court or the county authority |
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responsible for approving plats [court's designee] fails to |
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approve, approve with conditions, or disapprove a plat |
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application as required by this subchapter: |
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(1) the commissioners court shall refund the |
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greater of the unexpended portion of any application fee or |
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deposit or 50 percent of an application fee or deposit that has |
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been paid; |
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(2) the application is granted by operation of law; |
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[and] |
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(3) the applicant may apply to a district court in |
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the county where the tract of land is located for a writ of |
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mandamus to compel the commissioners court to issue documents |
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recognizing the plat application's approval; |
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(4) the applicant shall recover reasonable |
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attorney's fees and court costs incurred in bringing an action |
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under Subdivision (3) if the applicant prevails; and |
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(5) the county may recover reasonable attorney's |
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fees and court costs incurred in an action brought under |
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Subdivision (3) if the county prevails and the court finds the |
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action is frivolous. |
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Explanation: The change is necessary to conform to other |
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changes made in the bill and to provide for the awarding of |
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attorney's fees and court costs in certain actions. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 28, 2023, by the |
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following vote: Yeas 31, Nays 0. |
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_______________________________ |
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Secretary of the Senate |