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.