By: Oliverson H.B. No. 4447

A BILL TO BE ENTITLED

AN ACT

relating to the procedure for approval of certain land development applications by a political subdivision.

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

SECTION 1. Section 212.001, Local Government Code, is amended by adding Subdivision (4) to read as follows:

(4) "Required planning document" means a document required by the municipality or state or federal law for the approval of a plan or plat. The term includes, as applicable:

(A) associated drainage studies;

(B) traffic impact analyses;

(C) utility evaluations;

(D) geotechnical reports;

(E) federal permits such as Federal Emergency Management Agency Conditional Letters of Map Revision and Letters of Map Revision; and

(F) groundwater availability certifications required under Section 212.0101.

SECTION 2. Section 212.008, Local Government Code, is amended to read as follows:

Sec. 212.008. APPLICATION FOR APPROVAL. (a) A person desiring approval of a plan or plat must apply to and file a copy of the plan or plat with the municipal planning commission or, if the municipality has no planning commission, the governing body of the municipality.

(b) Except as provided by Section 212.0101, a municipal planning commission or the governing body of the municipality may not require a person to submit or obtain approval of a required planning document or fulfill any other prerequisites or conditions before the person files a copy of the plan or plat with the municipal planning commission or governing body.

(c) A municipal planning commission or the governing body of the municipality may approve a plan or plat on the condition that the applicant must also submit or obtain approval of certain required planning documents after the plat application is filed. If the municipal planning commission or the governing body of the municipality conditionally approves a plan or plat on such a condition, the municipality's approval process for each individual required planning document shall also be subject to the same procedures and timelines as those prescribed for plans or plats under Sections 212.009, 212.0091, 212.0093, 212.0095, and 212.0096, with the exception that the municipal planning commission or the governing body of the municipality may only approve or disapprove, but may not conditionally approve, each individual required planning document.

SECTION 3. Section 212.0085, Local Government Code, is amended by amending the heading and adding Subsections (b), (c), and (d) to read as follows:

Sec. 212.0085. APPROVAL AND BIFURCATED APPROVAL PROCEDURE: APPLICABILITY. (a) 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).

(b) After receiving a request from at least five applicants and conducting a public hearing on the matter at which interested parties shall be heard, a municipality shall establish a bifurcated approval procedure under this subchapter, including a phased approach to the approval of a preliminary plan or plat and a final plan or plat.

(c) Each phase of a bifurcated approval procedure adopted under subsection (b) shall be subject to the approval procedures in Sections 212.009, 212.0091, 212.0093, and 212.0095.

(d) An applicant may, but is not required to, opt-in to the bifurcated approval procedure established by the municipality under subsection (b).

SECTION 4. Subchapter A, Chapter 232, Local Government Code, is amended by adding Section 232.0001 to read as follows:

Sec. 232.0001. DEFINITIONS. In this subchapter:

(4) "Required planning document" means a document required by the county or state or federal law for the approval of a plan or plat. The term includes, as applicable:

(A) associated drainage studies;

(B) traffic impact analyses;

(C) utility evaluations;

(D) geotechnical reports;

(E) federal permits such as Federal Emergency Management Agency Conditional Letters of Map Revision and Letters of Map Revision; and

(F) groundwater availability certifications required under Section 212.0101.

SECTION 5. Section 232.0025, Local Government Code, is amended by adding Subsections (b-1) and (b-2) to read as follows:

(b-1) Except as provided by Section 232.0032, a county may not require a person desiring approval of a plat to submit or obtain approval of a required planning document or otherwise fulfill any prerequisites or conditions before filing a copy of the plat application with the commissioners court or the court's designee.

(b-2) A commissioners court or the court's designee may conditionally approve a plat application on the condition that the applicant must also submit or obtain approval of certain required planning documents after the plat application is filed. If commissioners court or the court's designee conditionally approves a plat application on such a condition, the county's approval process for each individual required planning document shall also be subject to the same procedures and timelines as those prescribed for plat applications under Sections 232.0025, 232.0026, 232.0027, and 232.0028, with the exception that the commissioners court or the court's deignee may only approve or disapprove, but may not conditionally approve, each individual required planning document.

SECTION 6. Section 232.0023, Local Government Code, is amended by amending the heading and adding Subsections (b), (c), and (d) to read as follows:

Sec. 232.0023. APPROVAL AND BIFURCATED APPROVAL PROCEDURE: APPLICABILITY. (a) 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).

(b) After receiving a request from at least five applicants and conducting a public hearing on the matter at which interested parties shall be heard, a county shall establish a bifurcated approval procedure under this subchapter, including a phased approach to the approval of a preliminary plat and a final plat.

(c) Each phase of a bifurcated approval procedure adopted under subsection (b) shall be subject to the approval procedures in Sections 232.0025, 232.0026, 232.0027, and 232.0028.

(d) An applicant may, but is not required to, opt-in to the bifurcated approval procedure established by the county under subsection (b).

SECTION 7. The change in law made by this Act applies only to a plan or plat application filed on or after the effective date of this Act. A plan or plat 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 8. This Act takes effect September 1, 2021.