By: Guillen H.B. No. 4121

A BILL TO BE ENTITLED

AN ACT

relating to prompt review of land development applications and the award of court costs and attorney's fees against a political subdivision in certain actions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 250, Subtitle C, Title 7, Local Government Code, is amended by adding Section 250.010 to read as follows:

Sec. 250.010. PROMPT APPROVAL OF LAND DEVELOPMENT APPLICATIONS. (a) For purposes of this section:

(1) "land development" means any activity relating to the development or redevelopment of land including, but not limited to, subdivision development, construction of subdivision improvements, site plan development, development of on-site or off-site improvements, and a project within the meaning of Sec. 245.001(3).

(2) "land development application" means an application for subdivision development plan, a subdivision plan, subdivision construction plan, a site development concept plan, a site plan, a site development plan, an application submitted under Chapter 212 or Chapter 232, and any other application relating to land development, excluding only an application for zoning under Chapter 211 or an application to amend a comprehensive plan under Chapter 213.

(b) A political subdivision shall approve, approve with conditions, or disapprove a land development application within 30 days after the date the land development application is filed. A land development application is approved by the political subdivision unless it is disapproved within that period.

(c) Notwithstanding Subsection (b), the political subdivision may extend the 30-day period described by that subsection for a period not to exceed 30 days if:

(1) the applicant requests the extension in writing to the political subdivision responsible for approving the land development application; and

(2) the political subdivision approves the extension request.

(d) If the political subdivision responsible for reviewing the land development application fails to approve, approve with conditions, or disapprove the land development application within the prescribed period, the political subdivision on the applicant's request shall issue a certificate stating the date the land development application was filed and that the political subdivision failed to act on the land development application within the prescribed period. The certificate shall serve as a permit approving the land development application.

(e) A political subdivision that conditionally approves or disapproves a land development application 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. Each condition or reason specified in the written statement:

(1) must:

(A) be directly related to the requirements under this section; 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.

(f) After the conditional approval or disapproval of a land development application under this section, the applicant may submit to the political subdivision that conditionally approved or disapproved the land development application a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided. The political subdivision may not establish a deadline for an applicant to submit the response.

(g) A political subdivision that receives a response under Subsection (f) shall determine whether to approve or disapprove the applicant's previously conditionally approved or disapproved land development application not later than the 15th day after the date the response was submitted.

(h) A political subdivision that conditionally approves or disapproves a plan or plat following the submission of a response under Subsection (f):

(1) must comply with Subsection (g); and

(2) may disapprove the land development application only for a specific condition or reason provided to the applicant under Subsection (e).

(i) A political subdivision that receives a response under Subsection (f) shall approve a previously conditionally approved or disapproved land development application if the response adequately addresses each condition of the conditional approval or each reason for the disapproval.

(j) A previously conditionally approved or disapproved land development application is approved if:

(1) the applicant filed a response that meets the requirements of Subsection (f); 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 (g).

(k) A political subdivision responsible for approving land development applications may not request or require an applicant to waive a deadline or other approval procedure under this section.

(l) An applicant may challenge a conditional approval or disapproval of a land development application under this section in a county or district court of the county in which the development project is located within 30 days of the conditional approval or disapproval.

(m) In a legal action challenging a conditional approval or a disapproval of a land development application under this section, the political subdivision has the burden of proving by clear and convincing evidence that the disapproval any applicable case law. The court may not use a deferential standard.

(n) A political subdivision may not require an applicant to waive the right to file a legal action challenging a conditional approval or a disapproval of a land development application under this section as a condition of approval for a development project.

(o) An applicant who prevails in a legal action challenging a conditional approval or a disapproval of a land development application under this section is entitled to court costs and reasonable attorney's fees, including expert witness fees, to be paid by the political subdivision.

SECTION 2. Chapter 250, Subtitle C, Title 7, Local Government Code, is amended by adding Section 250.011 to read as follows:

Sec. 250.011. AWARD OF COURT COSTS AND ATTORNEY'S FEES IN CERTAIN ACTIONS. (a) If a court determines that an order, ordinance, regulatory decision, denial of an application, refusal to issue a permit, or similar measure of a political subdivision is unenforceable because it is preempted by the state constitution or a state statute, the court shall award the person prevailing in the action challenging the order, ordinance, regulatory decision, denial of an application, refusal to issue a permit, or measure on that basis court costs and reasonable attorney's fees, including expert witness fees, to be paid by the political subdivision..

(b) If a court determines that an officer of a political subdivision has failed to perform an act of the office required by the state constitution or a state statute, the court shall award the person prevailing in the action challenging the officer for failure to perform that act court costs and reasonable attorney's fees, including expert witness fees, to be paid by the political subdivision for which the officer served at the time of the failure to perform the act.

(c) If a court determines that a political subdivision has failed to comply with the requirements of Chapter 212 of this Code, the court shall award the person prevailing in the action court costs and reasonable attorney's fees, including expert witness fees, to be paid by the political subdivision.

(d) If a court determines that a political subdivision has failed to comply with the requirements of Chapter 232 of this Code, the court shall award the person prevailing in the action court costs and reasonable attorney's fees, including expert witness fees, to be paid by the political subdivision.

(e) This section applies only to an action commenced on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2021.