By Dukes H.B. No. 2022
75R8142 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the approval of subdivision plats by a county.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 232, Local Government Code,
1-5 is amended by adding Section 232.0025 to read as follows:
1-6 Sec. 232.0025. TIMELY APPROVAL OF PLATS. (a) The
1-7 commissioners court of a county or a person designated by the
1-8 commissioners court shall issue a written list of the documentation
1-9 and other information that must be submitted with a plat
1-10 application. An application submitted to the commissioners court
1-11 or the person designated by the commissioners court that contains
1-12 the documents and other information on the list is considered
1-13 complete.
1-14 (b) If a person submits an incomplete plat application to
1-15 the commissioners court, the commissioners court or the court's
1-16 designee shall, not later than the 30th day after the date the
1-17 commissioners court receives the application, notify the applicant
1-18 of the missing documents or other information. The commissioners
1-19 court shall allow an applicant to timely submit the missing
1-20 documents or other information.
1-21 (c) If an applicant refuses to provide the commissioners
1-22 court with the documents or other information missing from a plat
1-23 application, the application is considered complete on the earlier
1-24 of:
2-1 (1) the 31st day after the date the commissioners
2-2 court received the application; or
2-3 (2) the date the commissioners court receives notice
2-4 from the applicant that the applicant refuses to supply the
2-5 documents or other information.
2-6 (d) Except as provided by Subsection (f), the commissioners
2-7 court or the court's designee shall take final action on a plat
2-8 application, including the resolution of all appeals, not later
2-9 than the 90th day after the date a completed plat application is
2-10 received by the commissioners court.
2-11 (e) If the commissioners court or the court's designee
2-12 disapproves a plat application, the applicant shall be given a
2-13 complete list of the reasons for the disapproval.
2-14 (f) The 90-day period under Subsection (d):
2-15 (1) may be extended for a reasonable period, if
2-16 requested by the applicant; and
2-17 (2) applies only to a decision wholly within the
2-18 control of the commissioners court or the court's designee.
2-19 (g) If the commissioners court or the court's designee fails
2-20 to take final action on the plat as required by Subsection (d):
2-21 (1) the commissioners court shall refund the greater
2-22 of the unexpended portion of any plat application fee or deposit or
2-23 50 percent of a plat application fee or deposit that has been paid;
2-24 (2) the plat application is granted by operation of
2-25 law; and
2-26 (3) the applicant may apply to a district court in the
2-27 county where the plat is located for a writ of mandamus to compel
3-1 the commissioners court to issue documents recognizing the plat's
3-2 approval.
3-3 SECTION 2. This Act takes effect September 1, 1997, and
3-4 applies only to a plat application submitted to a county on or
3-5 after October 1, 1997. A plat application submitted to a county
3-6 before October 1, 1997, is governed by the law as it existed
3-7 immediately before the effective date of this Act, and that law is
3-8 continued in effect for that purpose.
3-9 SECTION 3. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.