By Dukes H.B. No. 620 76R3421 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, 1999, and 3-4 applies only to a plat application submitted to a county on or 3-5 after October 1, 1999. A plat application submitted to a county 3-6 before October 1, 1999, 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.