By Barrientos                                   S.B. No. 1734

      75R7988 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the approval of subdivision plats by a municipality.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter A, Chapter 212, Local Government Code,

 1-5     is amended by adding Section 212.0055 to read as follows:

 1-6           Sec. 212.0055.  TIMELY APPROVAL OF PLATS.  (a)  The governing

 1-7     body of a municipality or a person designated by the governing

 1-8     body, including a municipal authority responsible for approving

 1-9     plats, shall issue a written list of the documentation and other

1-10     information that must be submitted with a plat application.  An

1-11     application submitted to the governing body or the person

1-12     designated by the governing body that contains the documents and

1-13     other information on the list is considered complete.

1-14           (b)  If a person submits an incomplete plat application to

1-15     the governing body, the governing body or the governing body's

1-16     designee shall, not later than the 30th day after the date the

1-17     governing body receives the application, notify the applicant of

1-18     the missing documents or other information. The governing body

1-19     shall allow an applicant to timely submit the missing documents or

1-20     other information.

1-21           (c)  If an applicant refuses to provide the governing body

1-22     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 governing body

 2-2     received the application; or

 2-3                 (2)  the date the governing body receives notice from

 2-4     the applicant that the applicant refuses to supply the documents or

 2-5     other information.

 2-6           (d)  Except as provided by Subsection (f) or (h), the

 2-7     governing body or the governing body's designee shall take final

 2-8     action on a plat application, including the resolution of all

 2-9     appeals, not later than the 90th day after the date a completed

2-10     plat application is received by the governing body.

2-11           (e)  If the governing body or the governing body'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 governing body or the governing body's designee.

2-19           (g)  If the governing body or the governing body's designee

2-20     fails to take final action on the plat as required by Subsection

2-21     (d):

2-22                 (1)  the governing body shall refund the greater of the

2-23     unexpended portion of any plat application fee or deposit or 50

2-24     percent of a  plat application fee or deposit that has been paid;

2-25                 (2)  the plat application is granted by operation of

2-26     law; and

2-27                 (3)  the applicant may apply to a district court in the

 3-1     county where the plat is located for a writ of mandamus to compel

 3-2     the governing body to issue documents recognizing the plat's

 3-3     approval.

 3-4           SECTION 2.  This Act takes effect September 1, 1997, and

 3-5     applies only to a plat application submitted to a municipality on

 3-6     or after October 1, 1997.  A plat application submitted to a

 3-7     municipality before October 1, 1997, is governed by the law as it

 3-8     existed immediately before the effective date of this Act, and that

 3-9     law is continued in effect for that purpose.

3-10           SECTION 3.  The importance of this legislation and the

3-11     crowded condition of the calendars in both houses create an

3-12     emergency and an imperative public necessity that the

3-13     constitutional rule requiring bills to be read on three several

3-14     days in each house be suspended, and this rule is hereby suspended.