HB 3167, Hse 2nd Rdg, Amnd #1

(1) On page 1, lines 9-11, strike "preliminary plat, preliminary subdivision plan, subdivision construction plan, site development plan, and final plat" and substitute "subdivision plan, subdivision construction plan, site plan, land development application, and site development plan".

(2) On page 1, line 12, between "a" and "replat", insert "preliminary plat, general plan, final plat, and".

(3) On page 1, lines 23-24, strike "Sections 212.009(a), (b), (c), and (d), Local Government Code, are amended" and substitute "Section 212.009, Local Government Code, is amended by amending Subsections (a), (b), (c), and (d) and adding Subsections (b-1) and (b-2)".

(4) On page 2, line 2, between "approve" and "or", insert ", approve with conditions,".

(5) On page 2, strike "[~~plat~~]" each time it appears (lines 2, 3, 6, 9, 10, 11, 14, 15, 22, 24, and 25) and substitute "or plat".

(6) On page 2, strike "considered" each time it appears (lines 3, 10, and 12) and substitute "[~~considered~~]".

(7) On page 2, line 8, between "approve" and "or", insert ", approve with conditions,".

(8) On page 2, between lines 13 and 14, insert the following:

(b-1) Notwithstanding Subsection (a) or (b), if a groundwater availability certification is required under Section 212.0101, the 30-day period described by those subsections begins on the date the applicant submits the groundwater availability certification to the municipal authority responsible for approving plats or the governing body of the municipality, as applicable.

(b-2) Notwithstanding Subsection (a) or (b), the parties may extend the 30-day period described by those subsections for a period not to exceed 30 days if:

(1) the applicant requests the extension in writing to the municipal authority responsible for approving plats or the governing body of the municipality, as applicable; and

(2) the municipal authority or governing body, as applicable, approves the extension request.

(9) On page 2, line 22, between "approve" and "or", insert ", approve with conditions,".

(10) On page 2, line 23, between "on" and "request", insert "the applicant's".

(11) On page 3, line 2, immediately after "212.0095,", add "212.0096,".

(12) On page 3, line 4, between the underlined colon and "DISAPPROVAL", insert "CONDITIONAL APPROVAL OR".

(13) On page 3, line 5, immediately after "that", add "conditionally approves or".

(14) In SECTION 5 of the bill, immediately after each time "plan" appears, insert "or plat" as follows:

(A) page 3, lines 6, 19, and 21;

(B) page 4, lines 2, 5, 8, 13, 15, and 20; and

(15) On page 3, line 7, between "the" and "reasons", insert "conditions for the conditional approval or".

(16) On page 3, line 8, between "specific" and "reason", insert "condition for the conditional approval or".

(17) On page 3, line 9, between "Each" and "reason", insert "condition or".

(18) On page 3, line 14, immediately after "the", insert "conditional approval or".

(19) On page 3, lines 16-17, strike "or intended to delay approval".

(20) On page 3, line 18, immediately after "TO", insert "CONDITIONAL APPROVAL OR".

(21) On page 3, line 19, between "the" and "disapproval", insert "conditional approval or".

(22) On page 3, line 21, between "that" and "disapproved", insert "conditionally approved or".

(23) On page 3, line 22, immediately before "remedies", insert "satisfies each condition for the conditional approval or".

(24) On page 4, line 1, between "previously" and "disapproved", insert "conditionally approved or".

(25) On page 4, line 4, immediately after "that", insert "conditionally approves or".

(26) On page 4, line 8, between "specific" and "reason", insert "condition or".

(27) On page 4, line 9, strike "for the original plan".

(28) On page 4, line 12, immediately after "previously", add "conditionally approved or".

(29) On page 4, line 13, between "each" and "reason", insert "condition of the conditional approval or each".

(30) On page 4, line 15, between "previously" and "disapproved", insert "conditionally approved or".

(31) On page 4, line 15, strike "considered".

(32) On page 4, between lines 22 and 23, insert the following:

Sec. 212.0096. APPROVAL PROCEDURE: ALTERNATIVE APPROVAL PROCESS. (a) Notwithstanding Sections 212.009, 212.0091, 212.0093, and 212.0095, an applicant may elect at any time to seek approval for a plan or plat under an alternative approval process adopted by a municipality if the process allows for a shorter approval period than the approval process described by Sections 212.009, 212.0091, 212.0093, and 212.0095.

(b) An applicant that elects to seek approval under the alternative approval process described by Subsection (a) is not:

(1) required to satisfy the requirements of Sections 212.009, 212.0091, 212.0093, and 212.0095 before bringing an action challenging a disapproval of a plan or plat under this subchapter; and

(2) prejudiced in any manner in bringing the action described by Subdivision (1), including satisfying a requirement to exhaust any and all remedies.

(33) On page 4, line 24, strike "plans" and substitute "plats".

(34) Strike page 5, line 7, through page 7, line 27.

(35) On page 8, line 2, strike "Sections 232.0005 and" and substitute "Section".

(36) On page 8, strike lines 4-7.

(37) On page 8, line 8, strike "plan" and substitute "plat".

(38) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____. The heading to Section 232.0025, Local Government Code, is amended to read as follows:

Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF PLATS AND PLANS.

(39) On page 8, line 14, between "is amended" and "to read" insert "by amending Subsections (d), (f), (g), (h), and (i), and adding Subsection (d-1)".

(40) Strike page 8, line 15, through page 9, line 12.

(41) On page 9, line 15, and page 10, line 13, strike "plan [~~plat~~]" and substitute "plat".

(42) On page 9, line 14, between "approve" and "or", insert ", approve with conditions,".

(43) On page 9, line 19, strike "considered".

(44) On page 9, strike lines 22-24 and substitute the following:

(d-1) Notwithstanding Subsection (d), if a groundwater availability certification is required under Section 232.0032, the 30-day period described by that subsection begins on the date the applicant submits the groundwater availability certification to the commissioners court or the court's designee, as applicable.

(45) On page 10, line 6, strike "plan [~~a plat~~]" and substitute "[a] plat".

(46) On page 10, line 11, strike "(f)(2)" and substitute "(f)(1) [~~(f)(2)~~]".

(47) On page 10, line 16, strike "request or compel" and substitute "require [~~compel~~]".

(48) On page 10, line 16, strike "any other".

(49) On page 10, line 19, between "approve" and "or", insert ", approve with conditions,".

(50) On page 10, line 19, and page 11, line 3, strike "plan" and substitute "plat".

(51) On page 11, line 5, immediately after "232.0028,", insert "232.00285,".

(52) On page 11, line 7, between the underlined colon and "DISAPPROVAL", insert "CONDITIONAL APPROVAL OR".

(53) On page 11, line 8, immediately following "designee that", add "conditionally approves or".

(54) In SECTION 9 of the bill, strike "plan" each time it appears and substitute "plat" as follows:

(A) page 11, lines 9 and 23;

(B) page 12, lines 5, 9, 17, and 19; and

(55) On page 11, line 10, strike "specific" and substitute "conditions for the conditional approval or the".

(56) On page 11, line 11, between "specific" and "reason", insert "condition for conditional approval or".

(57) On page 11, line 13, between "Each" and "reason", insert "condition or".

(58) On page 11, line 18, between "the" and "disapproval", insert "conditional approval or".

(59) On page 11, lines 20-21, strike "or intended to delay approval".

(60) On page 11, line 22, immediately after "TO", insert "CONDITIONAL APPROVAL OR".

(61) On page 11, line 23, between "the" and "disapproval", insert "conditional approval or".

(62) On page 11, line 25, between "that" and "disapproved", insert "conditionally approved or".

(63) On page 11, line 26, between "that" and "remedies", insert "satisfies each condition for the conditional approval or".

(64) On page 12, line 5, between "previously" and "disapproved", insert "conditionally approved or".

(65) On page 12, line 8, between "that" and "disapproves", insert "conditionally approves or".

(66) On page 12, line 12, immediately following "specific", add "condition or".

(67) On page 12, line 16, immediately after "previously", insert "conditionally approved or".

(68) On page 12, line 18, between "addresses" and "each", insert "each condition for the conditional approval or".

(69) On page 12, line 19, between "previously" and "disapproved", insert "conditionally approved or".

(70) On page 12, line 19, strike "considered".

(71) On page 12, between lines 26 and 27, insert the following:

Sec. 232.00285. DEVELOPMENT PLAN REVIEW. (a) In this section, "development plan" includes a preliminary plat, preliminary subdivision plan, subdivision construction plan, site plan, general plan, land development application, or site development plan.

(b) Unless explicitly authorized by another law of this state, a county may not require a person to submit a development plan during the plat approval process required by this subchapter. If a county is authorized under another law of this state to require approval of a development plan, the county must comply with the approval procedures under this subchapter during the approval process.

(72) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

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