BILL ANALYSIS
C.S.S.B. 992
By: Barrientos
Intergovernmental Relations
03-30-95
Committee Report (Substituted)
BACKGROUND
Current statutes require a municipality to act to approve or
disapprove a subdivision plat within 30 days of submission by the
property owner. Other sections of the Local Government Code
provide that a municipality must approve a plat which complies with
its ordinances. Under current law, a municipality may conduct
"statutory disapproval" and deny all plats upon submission, thereby
circumventing legislative intent.
PURPOSE
As proposed, C.S.S.B. 992 provides that a plat is considered
approved by a municipal authority unless it is disapproved for
cause within that period.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 212.009(a), Local Government Code, to
require the municipal authority responsible for approving plats to
act on a plat within 60 days, rather than 30, after the date the
plat is filed. Provides that a plat is considered approved by the
municipal authority unless it is disapproved within that period
under the provisions of Section 212.005 and a complete list of
unmet regulations is provided to the applicant as soon as
practicable.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 1995.
SECTION 4. Emergency clause.