By: Oliverson, Goldman, Thierry H.B. No. 3167
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to county and municipal approval procedure for land
  development applications.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 212.001, Local Government Code, is
  amended by amending Subdivision (2) and adding Subdivision (3) to
  read as follows:
               (2)  "Plan" means a subdivision development plan,
  including a subdivision plan, subdivision construction plan, site
  plan, land development application, and site development plan.
               (3)  "Plat" includes a preliminary plat, general plan,
  final plat, and replat.
         SECTION 2.  Subchapter A, Chapter 212, Local Government
  Code, is amended by adding Section 212.0085 to read as follows:
         Sec. 212.0085.  APPROVAL PROCEDURE: APPLICABILITY.  The
  approval procedures under this subchapter apply to a municipality
  regardless of whether the municipality has entered into an
  interlocal agreement, including an interlocal agreement between a
  municipality and county under Section 242.001(d).
         SECTION 3.  The heading to Section 212.009, Local Government
  Code, is amended to read as follows:
         Sec. 212.009.  APPROVAL PROCEDURE: INITIAL APPROVAL.
         SECTION 4.  Section 212.009, Local Government Code, is
  amended by amending Subsections (a), (b), (c), and (d) and adding
  Subsections (b-1) and (b-2) to read as follows:
         (a)  The municipal authority responsible for approving plats
  shall approve, approve with conditions, or disapprove [act on] a
  plan or plat within 30 days after the date the plan or plat is filed.  
  A plan or plat is [considered] approved by the municipal authority
  unless it is disapproved within that period and in accordance with
  Section 212.0091.
         (b)  If an ordinance requires that a plan or plat be approved
  by the governing body of the municipality in addition to the
  planning commission, the governing body shall approve, approve with
  conditions, or disapprove [act on] the plan or plat within 30 days
  after the date the plan or plat is approved by the planning
  commission or is [considered] approved by the inaction of the
  commission.  A plan or plat is [considered] approved by the
  governing body unless it is disapproved within that period and in
  accordance with Section 212.0091.
         (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.
         (c)  If a plan or plat is approved, the municipal authority
  giving the approval shall endorse the plan or plat with a
  certificate indicating the approval. The certificate must be signed
  by:
               (1)  the authority's presiding officer and attested by
  the authority's secretary; or
               (2)  a majority of the members of the authority.
         (d)  If the municipal authority responsible for approving
  plats fails to approve, approve with conditions, or disapprove [act
  on] a plan or plat within the prescribed period, the authority on
  the applicant's request shall issue a certificate stating the date
  the plan or plat was filed and that the authority failed to act on
  the plan or plat within the period.  The certificate is effective in
  place of the endorsement required by Subsection (c).
         SECTION 5.  Subchapter A, Chapter 212, Local Government
  Code, is amended by adding Sections 212.0091, 212.0093, 212.0095,
  212.0096, 212.0097, and 212.0099 to read as follows:
         Sec. 212.0091.  APPROVAL PROCEDURE:  CONDITIONAL APPROVAL OR
  DISAPPROVAL REQUIREMENTS.  (a)  A municipal authority or governing
  body that conditionally approves or disapproves a plan or plat
  under this subchapter shall provide the applicant a written
  statement of the conditions for the conditional approval or reasons
  for disapproval that clearly articulates each specific condition
  for the conditional approval or reason for disapproval.
         (b)  Each condition or reason specified in the written
  statement:
               (1)  must:
                     (A)  be directly related to the requirements under
  this subchapter; and
                     (B)  include a citation to the law, including a
  statute or municipal ordinance, that is the basis for the
  conditional approval or disapproval, if applicable; and
               (2)  may not be arbitrary.
         Sec. 212.0093.  APPROVAL PROCEDURE: APPLICANT RESPONSE TO
  CONDITIONAL APPROVAL OR DISAPPROVAL.  After the conditional
  approval or disapproval of a plan or plat under Section 212.0091,
  the applicant may submit to the municipal authority or governing
  body that conditionally approved or disapproved the plan or plat a
  written response that satisfies each condition for the conditional
  approval or remedies each reason for disapproval provided.  The
  municipal authority or governing body may not establish a deadline
  for an applicant to submit the response.
         Sec. 212.0095.  APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
  OF RESPONSE.  (a)  A municipal authority or governing body that
  receives a response under Section 212.0093 shall determine whether
  to approve or disapprove the applicant's previously conditionally
  approved or disapproved plan or plat not later than the 15th day
  after the date the response was submitted.
         (b)  A municipal authority or governing body that
  conditionally approves or disapproves a plan or plat following the
  submission of a response under Section 212.0093:
               (1)  must comply with Section 212.0091; and
               (2)  may disapprove the plan or plat only for a specific
  condition or reason provided to the applicant under Section
  212.0091.
         (c)  A municipal authority or governing body that receives a
  response under Section 212.0093 shall approve a previously
  conditionally approved or disapproved plan or plat if the response
  adequately addresses each condition of the conditional approval or
  each reason for the disapproval.
         (d)  A previously conditionally approved or disapproved plan
  or plat is approved if:
               (1)  the applicant filed a response that meets the
  requirements of Subsection (c); and
               (2)  the municipal authority or governing body that
  received the response does not disapprove the plan or plat on or
  before the date required by Subsection (a) and in accordance with
  Section 212.0091.
         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.
         Sec. 212.0097.  APPROVAL PROCEDURE: WAIVER PROHIBITED. A
  municipal authority responsible for approving plats or the
  governing body of a municipality may not request or require an
  applicant to waive a deadline or other approval procedure under
  this subchapter.
         Sec. 212.0099.  JUDICIAL REVIEW OF DISAPPROVAL. In a legal
  action challenging a disapproval of a plan or plat under this
  subchapter, the municipality has the burden of proving by clear and
  convincing evidence that the disapproval meets the requirements of
  this subchapter or any applicable case law.  The court may not use a
  deferential standard.
         SECTION 6.  Section 212.014, Local Government Code, is
  amended to read as follows:
         Sec. 212.014.  REPLATTING WITHOUT VACATING PRECEDING PLAT.
  A replat of a subdivision or part of a subdivision may be recorded
  and is controlling over the preceding plat without vacation of that
  plat if the replat:
               (1)  is signed and acknowledged by only the owners of
  the property being replatted;
               (2)  is approved[, after a public hearing on the matter
  at which parties in interest and citizens have an opportunity to be
  heard,] by the municipal authority responsible for approving plats;
  and
               (3)  does not attempt to amend or remove any covenants
  or restrictions.
         SECTION 7.  Section 212.015, Local Government Code, is
  amended by adding Subsections (a-1), (f), and (g) and amending
  Subsection (b) to read as follows:
         (a-1)  If a proposed replat described by Subsection (a)
  requires a variance or exception, a public hearing must be held by
  the municipal planning commission or the governing body of the
  municipality.
         (b)  Notice of the hearing required under Subsection (a-1)
  [Section 212.014] shall be given before the 15th day before the date
  of the hearing by:
               (1)  publication in an official newspaper or a
  newspaper of general circulation in the county in which the
  municipality is located; and
               (2)  by written notice, with a copy of Subsection (c)
  attached, forwarded by the municipal authority responsible for
  approving plats to the owners of lots that are in the original
  subdivision and that are within 200 feet of the lots to be
  replatted, as indicated on the most recently approved municipal tax
  roll or in the case of a subdivision within the extraterritorial
  jurisdiction, the most recently approved county tax roll of the
  property upon which the replat is requested. The written notice may
  be delivered by depositing the notice, properly addressed with
  postage prepaid, in a post office or postal depository within the
  boundaries of the municipality.
         (f)  If a proposed replat described by Subsection (a) does
  not require a variance or exception, the municipality shall, not
  later than the 15th day after the date the replat is approved,
  provide written notice by mail of the approval of the replat to each
  owner of a lot in the original subdivision that is within 200 feet
  of the lots to be replatted according to the most recent
  municipality or county tax roll.  This subsection does not apply to
  a proposed replat if the municipal planning commission or the
  governing body of the municipality holds a public hearing and gives
  notice of the hearing in the manner provided by Subsection (b).
         (g)  The notice of a replat approval required by Subsection
  (f) must include:
               (1)  the zoning designation of the property after the
  replat; and
               (2)  a telephone number and e-mail address an owner of a
  lot may use to contact the municipality about the replat.
         SECTION 8.  Subchapter A, Chapter 232, Local Government
  Code, is amended by adding Section 232.0023 to read as follows:
         Sec. 232.0023.  APPROVAL PROCEDURE: APPLICABILITY. The plat
  application approval procedures under this subchapter apply to a
  county regardless of whether the county has entered into an
  interlocal agreement, including an interlocal agreement between a
  municipality and county under Section 242.001(d).
         SECTION 9.  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.
         SECTION 10.  Section 232.0025, Local Government Code, is
  amended by amending Subsections (d), (f), (g), (h), and (i), and
  adding Subsection (d-1) to read as follows:
         (d)  Except as provided by Subsection (f), the commissioners
  court or the court's designee shall approve, approve with
  conditions, or disapprove [take final action on] a plat
  application[, including the resolution of all appeals,] not later
  than the 30th [60th] day after the date the [a] completed [plat]
  application is received by the commissioners court or the court's
  designee. An application is approved by the commissioners court or
  the court's designee unless the application is disapproved within
  that period and in accordance with Section 232.0026.
         (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.
         (f)  The 30-day [60-day] period under Subsection (d):
               (1)  may be extended for a [reasonable] period not to
  exceed 30 days, if:
                     (A)  requested and agreed to in writing by the
  applicant and approved by the commissioners court or the court's
  designee; or
                     (B)  [(2) may be extended 60 additional days if]
  Chapter 2007, Government Code, requires the county to perform a
  takings impact assessment in connection with the [a] plat
  application; and
               (2) [(3)]  applies only to a decision wholly within the
  control of the commissioners court or the court's designee.
         (g)  The commissioners court or the court's designee shall
  make the determination under Subsection (f)(1) [(f)(2)] of whether
  the 30-day [60-day] period will be extended not later than the 20th
  day after the date a completed plat application is received by the
  commissioners court or the court's designee.
         (h)  The commissioners court or the court's designee may not
  require [compel] an applicant to waive the time limits or approval
  procedure contained in this subchapter [section].
         (i)  If the commissioners court or the court's designee fails
  to approve, approve with conditions, or disapprove a plat
  application [take final action on the plat] as required by this
  subchapter [Subsection (d)]:
               (1)  the commissioners court shall refund the greater
  of the unexpended portion of any [plat] application fee or deposit
  or 50 percent of an [a plat] application fee or deposit that has
  been paid;
               (2)  the [plat] application is granted by operation of
  law; and
               (3)  the applicant may apply to a district court in the
  county where the tract of land is located for a writ of mandamus to
  compel the commissioners court to issue documents recognizing the
  plat application's [plat's] approval.
         SECTION 11.  Subchapter A, Chapter 232, Local Government
  Code, is amended by adding Sections 232.0026, 232.0027, 232.0028,
  232.00285, and 232.0029 to read as follows:
         Sec. 232.0026.  APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR
  DISAPPROVAL REQUIREMENTS.  (a)  A commissioners court or designee
  that conditionally approves or disapproves of a plat application
  under this subchapter shall provide the applicant a written
  statement of the conditions for the conditional approval or the
  reasons for disapproval that clearly articulates each specific
  condition for the conditional approval or reason for disapproval.
         (b)  Each condition or reason specified in the written
  statement:
               (1)  must:
                     (A)  be directly related to the requirements of
  this subchapter; and
                     (B)  include a citation to the law, including a
  statute or order, that is the basis for the conditional approval or
  disapproval, if applicable; and
               (2)  may not be arbitrary.
         Sec. 232.0027.  APPROVAL PROCEDURE: APPLICANT RESPONSE TO
  CONDITIONAL APPROVAL OR DISAPPROVAL.  After the conditional
  approval or disapproval of a plat application under Section
  232.0026, the applicant may submit to the commissioners court or
  designee that conditionally approved or disapproved the
  application a written response that satisfies each condition for
  the conditional approval or remedies each reason for disapproval
  provided.  The commissioners court or designee may not establish a
  deadline for an applicant to submit the response.
         Sec. 232.0028.  APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
  OF RESPONSE.  (a)  A commissioners court or designee that receives a
  response under Section 232.0027 shall determine whether to approve
  or disapprove the applicant's previously conditionally approved or
  disapproved plat application not later than the 15th day after the
  date the response was submitted under Section 232.0027.
         (b)  A commissioners court or designee that conditionally
  approves or disapproves a plat application following the submission
  of a response under Section 232.0027:
               (1)  must comply with Section 232.0026; and
               (2)  may disapprove the application only for a specific
  condition or reason provided to the applicant for the original
  application under Section 232.0026.
         (c)  A commissioners court or designee that receives a
  response under Section 232.0027 shall approve a previously
  conditionally approved or disapproved plat application if the
  applicant's response adequately addresses each condition for the
  conditional approval or each reason for the disapproval.
         (d)  A previously conditionally approved or disapproved plat
  application is approved if:
               (1)  the applicant filed a response that meets the
  requirements of Subsection (c); and
               (2)  the commissioners court or designee that received
  the response does not disapprove the application on or before the
  date required by Subsection (a) and in accordance with Section
  232.0026.
         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.
         Sec. 232.0029.  JUDICIAL REVIEW OF DISAPPROVAL. In a legal
  action challenging a disapproval of a plat application under this
  subchapter, the county has the burden of proving by clear and
  convincing evidence that the disapproval meets the requirements of
  this subchapter or any applicable case law.  The court may not use a
  deferential standard.
         SECTION 12.
    Section 232.0025(e), Local Government Code, is
  repealed.
         SECTION 13.  The change in law made by this Act applies only
  to a plat application filed on or after the effective date of this
  Act. A development or plan application filed before the effective
  date of this Act is governed by the law in effect immediately before
  the effective date of this Act, and that law is continued in effect
  for that purpose.
         SECTION 14.  This Act takes effect September 1, 2019.