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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure for approval of certain land development |
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applications by a political subdivision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 212.001, Local Government Code, is |
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amended by adding Subdivision (4) to read as follows: |
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(4) "Required planning document" means a document |
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required by the municipality or state or federal law for the |
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approval of a plan or plat. The term includes, as applicable: |
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(A) associated drainage studies; |
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(B) traffic impact analyses; |
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(C) utility evaluations; |
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(D) geotechnical reports; |
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(E) federal permits such as Federal Emergency |
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Management Agency Conditional Letters of Map Revision and Letters |
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of Map Revision; and |
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(F) groundwater availability certifications |
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required under Section 212.0101. |
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SECTION 2. Section 212.008, Local Government Code, is |
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amended to read as follows: |
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Sec. 212.008. APPLICATION FOR APPROVAL. (a) A person |
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desiring approval of a plan or plat must apply to and file a copy of |
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the plan or plat with the municipal planning commission or, if the |
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municipality has no planning commission, the governing body of the |
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municipality. |
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(b) Except as provided by Section 212.0101, a municipal |
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planning commission or the governing body of the municipality may |
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not require a person to submit or obtain approval of a required |
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planning document or fulfill any other prerequisites or conditions |
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before the person files a copy of the plan or plat with the |
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municipal planning commission or governing body. |
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(c) A municipal planning commission or the governing body of |
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the municipality may approve a plan or plat on the condition that |
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the applicant must also submit or obtain approval of certain |
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required planning documents after the plat application is filed. |
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If the municipal planning commission or the governing body of the |
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municipality conditionally approves a plan or plat on such a |
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condition, the municipality's approval process for each individual |
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required planning document shall also be subject to the same |
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procedures and timelines as those prescribed for plans or plats |
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under Sections 212.009, 212.0091, 212.0093, 212.0095, and |
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212.0096, with the exception that the municipal planning commission |
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or the governing body of the municipality may only approve or |
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disapprove, but may not conditionally approve, each individual |
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required planning document. |
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SECTION 3. Section 212.0085, Local Government Code, is |
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amended by amending the heading and adding Subsections (b), (c), |
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and (d) to read as follows: |
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Sec. 212.0085. APPROVAL AND BIFURCATED APPROVAL PROCEDURE: |
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APPLICABILITY. |
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(a) The approval procedures under this subchapter apply to a |
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municipality regardless of whether the municipality has entered |
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into an interlocal agreement, including an interlocal agreement |
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between a municipality and county under Section 242.001(d). |
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(b) After receiving a request from at least five applicants |
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and conducting a public hearing on the matter at which interested |
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parties shall be heard, a municipality shall establish a bifurcated |
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approval procedure under this subchapter, including a phased |
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approach to the approval of a preliminary plan or plat and a final |
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plan or plat. |
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(c) Each phase of a bifurcated approval procedure adopted |
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under subsection (b) shall be subject to the approval procedures in |
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Sections 212.009, 212.0091, 212.0093, and 212.0095. |
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(d) An applicant may, but is not required to, opt-in to the |
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bifurcated approval procedure established by the municipality |
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under subsection (b). |
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SECTION 4. Subchapter A, Chapter 232, Local Government |
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Code, is amended by adding Section 232.0001 to read as follows: |
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Sec.232.0001. DEFINITIONS. In this subchapter: |
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(4) "Required planning document" means a document |
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required by the county or state or federal law for the approval of a |
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plan or plat. The term includes, as applicable: |
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(A) associated drainage studies; |
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(B) traffic impact analyses; |
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(C) utility evaluations; |
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(D) geotechnical reports; |
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(E) federal permits such as Federal Emergency |
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Management Agency Conditional Letters of Map Revision and Letters |
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of Map Revision; and |
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(F) groundwater availability certifications |
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required under Section 212.0101. |
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SECTION 5. Section 232.0025, Local Government Code, is |
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amended by adding Subsections (b-1) and (b-2) to read as follows: |
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(b-1) Except as provided by Section 232.0032, a county may |
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not require a person desiring approval of a plat to submit or obtain |
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approval of a required planning document or otherwise fulfill any |
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prerequisites or conditions before filing a copy of the plat |
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application with the commissioners court or the court's designee. |
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(b-2) A commissioners court or the court's designee may |
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conditionally approve a plat application on the condition that the |
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applicant must also submit or obtain approval of certain required |
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planning documents after the plat application is filed. If |
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commissioners court or the court's designee conditionally approves |
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a plat application on such a condition, the county's approval |
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process for each individual required planning document shall also |
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be subject to the same procedures and timelines as those prescribed |
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for plat applications under Sections 232.0025, 232.0026, 232.0027, |
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and 232.0028, with the exception that the commissioners court or |
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the court's deignee may only approve or disapprove, but may not |
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conditionally approve, each individual required planning document. |
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SECTION 6. Section 232.0023, Local Government Code, is |
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amended by amending the heading and adding Subsections (b), (c), |
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and (d) to read as follows: |
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Sec. 232.0023. APPROVAL AND BIFURCATED APPROVAL PROCEDURE: |
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APPLICABILITY. |
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(a) The plat application approval procedures under this |
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subchapter apply to a county regardless of whether the county has |
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entered into an interlocal agreement, including an interlocal |
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agreement between a municipality and county under Section |
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242.001(d). |
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(b) After receiving a request from at least five applicants |
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and conducting a public hearing on the matter at which interested |
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parties shall be heard, a county shall establish a bifurcated |
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approval procedure under this subchapter, including a phased |
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approach to the approval of a preliminary plat and a final plat. |
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(c) Each phase of a bifurcated approval procedure adopted |
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under subsection (b) shall be subject to the approval procedures in |
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Sections 232.0025, 232.0026, 232.0027, and 232.0028. |
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(d) An applicant may, but is not required to, opt-in to the |
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bifurcated approval procedure established by the county under |
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subsection (b). |
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SECTION 7. The change in law made by this Act applies only |
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to a plan or plat application filed on or after the effective date |
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of this Act. A plan or plat application filed before the effective |
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date of this Act is governed by the law in effect immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 8. This Act takes effect September 1, 2021. |