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.