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A BILL TO BE ENTITLED
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AN ACT
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relating to approval of certain land development applications by a |
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municipality or county. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 212.001(2) and (3), Local Government |
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Code, are amended to read as follows: |
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(2) ["Plan" means a subdivision development plan, |
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including a subdivision plan, subdivision construction plan, site |
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plan, land development application, and site development plan. |
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[(3)] "Plat" includes a preliminary plat, [general |
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plan,] final plat, and replat. |
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SECTION 2. Subchapter A, Chapter 212, Local Government |
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Code, is amended by adding Section 212.0015 to read as follows: |
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Sec. 212.0015. CONSTRUCTION OF SUBCHAPTER. This subchapter |
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may not be construed to restrict a municipality from establishing a |
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submittal calendar to be used by an applicant to facilitate |
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compliance with the approval process described by Sections 212.009, |
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212.0091, 212.0093, and 212.0095. |
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SECTION 3. Section 212.004, Local Government Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) A plat is considered filed on the date the applicant |
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submits the plat, along with a completed plat application and the |
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application fees and other requirements prescribed by or under this |
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subchapter, to: |
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(1) the governing body of the municipality; or |
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(2) the municipal authority responsible for approving |
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plats. |
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SECTION 4. Sections 212.0065(a) and (c), Local Government |
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Code, are amended to read as follows: |
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(a) The governing body of a municipality or the municipal |
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planning commission may delegate to one or more officers or |
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employees of the municipality or of a utility owned or operated by |
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the municipality the ability to approve, approve with conditions, |
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or disapprove a plat [: |
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[(1) amending plats described by Section 212.016; |
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[(2) minor plats or replats involving four or fewer |
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lots fronting on an existing street and not requiring the creation |
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of any new street or the extension of municipal facilities; or |
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[(3) a replat under Section 212.0145 that does not |
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require the creation of any new street or the extension of municipal |
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facilities]. |
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(c) An applicant has the right to appeal to the governing |
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body of the municipality or the municipal planning commission if |
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the designated [The] person disapproves a [or persons shall not |
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disapprove the] plat [and shall be required to refer any plat which |
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the person or persons refuse to approve to the municipal authority |
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responsible for approving plats within the time period specified in |
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Section 212.009]. |
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SECTION 5. Sections 212.009(a), (b), (b-2), (c), and (d), |
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Local Government Code, are amended to read as follows: |
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(a) The municipal authority responsible for approving plats |
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shall approve, approve with conditions, or disapprove a [plan or] |
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plat within 30 days after the date the [plan or] plat is filed. A |
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[plan or] plat is approved by the municipal authority unless it is |
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disapproved within that period and in accordance with Section |
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212.0091. |
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(b) If an ordinance requires that a [plan or] plat be |
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approved by the governing body of the municipality in addition to |
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the planning commission, the governing body shall approve, approve |
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with conditions, or disapprove the [plan or] plat within 30 days |
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after the date the [plan or] plat is approved by the planning |
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commission or is approved by the inaction of the commission. A |
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[plan or] plat is approved by the governing body unless it is |
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disapproved within that period and in accordance with Section |
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212.0091. |
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(b-2) Notwithstanding Subsection (a) or (b), the parties |
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may extend the 30-day period described by those subsections for one |
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or more periods, each [a period] not to exceed 30 days if: |
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(1) the applicant requests the extension in writing to |
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the municipal authority responsible for approving plats or the |
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governing body of the municipality, as applicable; and |
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(2) the municipal authority or governing body, as |
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applicable, approves the extension request. |
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(c) If a [plan or] plat is approved, the municipal authority |
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giving the approval shall endorse the [plan or] plat with a |
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certificate indicating the approval. The certificate must be signed |
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by: |
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(1) the authority's presiding officer and attested by |
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the authority's secretary; or |
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(2) a majority of the members of the authority. |
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(d) If the municipal authority responsible for approving |
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plats fails to approve, approve with conditions, or disapprove a |
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[plan or] plat within the prescribed period, the authority on the |
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applicant's request shall issue a certificate stating the date the |
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[plan or] plat was filed and that the authority failed to act on the |
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[plan or] plat within the period. The certificate is effective in |
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place of the endorsement required by Subsection (c). |
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SECTION 6. Section 212.0091(a), Local Government Code, is |
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amended to read as follows: |
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(a) A municipal authority or governing body that |
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conditionally approves or disapproves a [plan or] plat under this |
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subchapter shall provide the applicant a written statement of the |
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conditions for the conditional approval or reasons for disapproval |
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that clearly articulates each specific condition for the |
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conditional approval or reason for disapproval. |
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SECTION 7. Sections 212.0093, 212.0095, and 212.0096, Local |
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Government Code, are amended to read as follows: |
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Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO |
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CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional |
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approval or disapproval of a [plan or] plat under Section 212.0091, |
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the applicant may submit to the municipal authority or governing |
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body that conditionally approved or disapproved the [plan or] plat |
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a written response that satisfies each condition for the |
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conditional approval or remedies each reason for disapproval |
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provided. The municipal authority or governing body may not |
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establish a deadline for an applicant to submit the response. |
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Sec. 212.0095. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL |
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OF RESPONSE. (a) A municipal authority or governing body that |
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receives a response under Section 212.0093 shall determine whether |
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to approve or disapprove the applicant's previously conditionally |
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approved or disapproved [plan or] plat not later than the 15th day |
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after the date the response was submitted. |
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(b) A municipal authority or governing body that |
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conditionally approves or disapproves a [plan or] plat following |
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the submission of a response under Section 212.0093: |
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(1) must comply with Section 212.0091; and |
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(2) may disapprove the [plan or] plat only for a |
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specific condition or reason provided to the applicant under |
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Section 212.0091. |
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(c) A municipal authority or governing body that receives a |
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response under Section 212.0093 shall approve a previously |
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conditionally approved or disapproved [plan or] plat if the |
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response adequately addresses each condition of the conditional |
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approval or each reason for the disapproval. |
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(d) A previously conditionally approved or disapproved |
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[plan or] plat is approved if: |
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(1) the applicant filed a response that meets the |
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requirements of Subsection (c); and |
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(2) the municipal authority or governing body that |
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received the response does not disapprove the [plan or] plat on or |
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before the date required by Subsection (a) and in accordance with |
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Section 212.0091. |
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Sec. 212.0096. APPROVAL PROCEDURE: ALTERNATIVE APPROVAL |
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PROCESS. (a) Notwithstanding Sections 212.009, 212.0091, |
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212.0093, and 212.0095, an applicant may elect at any time to seek |
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approval for a [plan or] plat under an alternative approval process |
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adopted by a municipality if the process allows for a shorter |
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approval period than the approval process described by Sections |
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212.009, 212.0091, 212.0093, and 212.0095. |
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(b) An applicant that elects to seek approval under the |
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alternative approval process described by Subsection (a) is not: |
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(1) required to satisfy the requirements of Sections |
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212.009, 212.0091, 212.0093, and 212.0095 before bringing an action |
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challenging a disapproval of a [plan or] plat under this |
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subchapter; and |
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(2) prejudiced in any manner in bringing the action |
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described by Subdivision (1), including satisfying a requirement to |
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exhaust any and all remedies. |
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SECTION 8. Subchapter A, Chapter 212, Local Government |
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Code, is amended by adding Section 212.00965 to read as follows: |
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Sec. 212.00965. APPROVAL PROCEDURE: ALTERNATIVE REVIEW |
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PROCESS FOR UNREVIEWED APPLICATIONS. (a) If a municipality fails |
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to approve, approve with conditions, or disapprove an applicant's |
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plat earlier than the 15th day after the date prescribed by Section |
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212.009 or 212.0095, as applicable, the applicant may have the plat |
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reviewed by: |
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(1) a person with the authority to review plats for: |
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(A) the municipality; or |
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(B) a political subdivision other than the |
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municipality if the municipality approves the reviewer; or |
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(2) an engineer licensed under Chapter 1001, |
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Occupations Code. |
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(b) A person may not review a plat under Subsection (a) if |
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the person: |
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(1) is the applicant; or |
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(2) prepared the plat that is the subject of the |
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application. |
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(c) A person who performs a review under this section: |
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(1) has the authority to approve, approve with |
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conditions, or disapprove a plat as if the person were delegated |
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authority under Section 212.0065; |
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(2) must ensure the plat satisfies all applicable |
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regulations; and |
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(3) must provide notice of the review to the |
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municipality not later than the 15th day after the date of the |
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review. |
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(d) The municipality may prescribe a reasonable format for |
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the notice provided under Subsection (c)(3). |
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(e) The municipality may not collect an additional fee |
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related to the review performed under Subsection (a). |
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SECTION 9. Section 212.0099, Local Government Code, is |
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amended to read as follows: |
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Sec. 212.0099. JUDICIAL REVIEW OF DISAPPROVAL. In a legal |
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action challenging a disapproval of a [plan or] plat under this |
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subchapter, the municipality has the burden of proving by clear and |
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convincing evidence that the disapproval meets the requirements of |
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this subchapter or any applicable case law. The court may not use a |
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deferential standard. |
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SECTION 10. Section 232.001, Local Government Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) A plat is considered filed on the date the applicant |
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submits the plat, along with a completed plat application and the |
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application fees and other requirements prescribed by or under this |
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subchapter, to: |
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(1) the commissioners court; or |
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(2) the county authority responsible for approving |
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plats. |
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SECTION 11. Subchapter A, Chapter 232, Local Government |
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Code, is amended by adding Sections 232.0012 and 232.0022 to read as |
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follows: |
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Sec. 232.0012. CONSTRUCTION OF SUBCHAPTER. This subchapter |
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may not be construed to restrict a county from establishing a |
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submittal calendar to be used by an applicant to facilitate |
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compliance with the approval process described by Sections |
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232.0025, 232.0026, 232.0027, and 232.0028. |
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Sec. 232.0022. DELEGATION OF APPROVAL RESPONSIBILITY. (a) |
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The commissioners court of a county or the court's designee may |
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designate to one or more officers or employees of the county the |
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authority to approve, approve with conditions, or disapprove a |
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plat. |
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(b) An applicant has the right to appeal to the |
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commissioners court or the court's designee if the designated |
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person or persons disapprove a plat. |
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SECTION 12. The heading to Section 232.0025, Local |
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Government Code, is amended to read as follows: |
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Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF PLATS |
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[AND PLANS]. |
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SECTION 13. Section 232.0025, Local Government Code, is |
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amended by amending Subsections (b), (c), (d), (f), (g), (h), and |
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(i) and adding Subsection (f-1) to read as follows: |
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(b) If a person submits a plat application to the |
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commissioners court that does not include all of the documentation |
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or other information required by Subsection (a), the commissioners |
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court or the county authority responsible for approving plats |
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[court's designee] shall, not later than the 10th business day |
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after the date the commissioners court receives the application, |
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notify the applicant of the missing documents or other information. |
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The commissioners court shall allow an applicant to timely submit |
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the missing documents or other information. |
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(c) An application is considered complete when all |
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documentation or other information required by Subsection (a) is |
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received. Acceptance by the commissioners court or the county |
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authority responsible for approving plats [court's designee] of a |
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completed plat application with the documentation or other |
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information required by Subsection (a) shall not be construed as |
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approval of the documentation or other information. |
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(d) Except as provided by Subsection (f), the commissioners |
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court or the county authority responsible for approving plats |
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[court's designee] shall approve, approve with conditions, or |
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disapprove a plat application not later than the 30th day after the |
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date the completed application is received by the commissioners |
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court or the county authority [court's designee]. An application is |
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approved by the commissioners court or the county authority |
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[court's designee] unless the application is disapproved within |
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that period and in accordance with Section 232.0026. |
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(f) The 30-day period under Subsection (d): |
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(1) for a purpose related to Chapter 2007, Government |
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Code, may be extended for a period not to exceed 30 days, if: |
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(A) requested and agreed to in writing by the |
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applicant and approved by the commissioners court or the county |
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authority responsible for approving plats [court's designee]; or |
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(B) Chapter 2007, Government Code, requires the |
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county to perform a takings impact assessment in connection with |
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the plat application; or [and] |
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(2) for a purpose unrelated to Chapter 2007, |
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Government Code, may be extended for one or more periods, not to |
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exceed 30 days, if requested and agreed to in writing by the |
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applicant and approved by the commissioners court or the county |
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authority. |
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(f-1) The 30-day period under Subsection (d) applies only to |
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a decision wholly within the control of the commissioners court or |
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the county authority responsible for approving plats [court's |
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designee]. |
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(g) The commissioners court or the county authority |
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responsible for approving plats [court's designee] shall make the |
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determination under Subsection (f)(1) of whether the 30-day period |
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will be extended not later than the 20th day after the date a |
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completed plat application is received by the commissioners court |
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or the county authority [court's designee]. |
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(h) The commissioners court or the county authority |
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responsible for approving plats [court's designee] may not require |
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an applicant to waive the time limits or approval procedure |
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contained in this subchapter. |
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(i) If the commissioners court or the county authority |
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responsible for approving plats [court's designee] fails to |
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approve, approve with conditions, or disapprove a plat application |
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as required by this subchapter: |
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(1) the commissioners court shall refund the greater |
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of the unexpended portion of any application fee or deposit or 50 |
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percent of an application fee or deposit that has been paid; |
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(2) the application is granted by operation of law; |
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and |
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(3) the applicant may apply to a district court in the |
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county where the tract of land is located for a writ of mandamus to |
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compel the commissioners court to issue documents recognizing the |
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plat application's approval. |
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SECTION 14. Section 232.0026(a), Local Government Code, is |
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amended to read as follows: |
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(a) A commissioners court or county authority responsible |
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for approving plats [designee] that conditionally approves or |
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disapproves of a plat application under this subchapter shall |
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provide the applicant a written statement of the conditions for the |
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conditional approval or the reasons for disapproval that clearly |
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articulates each specific condition for the conditional approval or |
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reason for disapproval. |
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SECTION 15. Sections 232.0027 and 232.0028, Local |
|
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Government Code, are amended to read as follows: |
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Sec. 232.0027. APPROVAL PROCEDURE: APPLICANT RESPONSE TO |
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CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional |
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approval or disapproval of a plat application under Section |
|
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232.0026, the applicant may submit to the commissioners court or |
|
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county authority responsible for approving plats [designee] that |
|
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conditionally approved or disapproved the application a written |
|
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response that satisfies each condition for the conditional approval |
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or remedies each reason for disapproval provided. The |
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commissioners court or county authority [designee] may not |
|
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establish a deadline for an applicant to submit the response. |
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Sec. 232.0028. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL |
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OF RESPONSE. (a) A commissioners court or county authority |
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responsible for approving plats [designee] that receives a response |
|
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under Section 232.0027 shall determine whether to approve or |
|
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disapprove the applicant's previously conditionally approved or |
|
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disapproved plat application not later than the 15th day after the |
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date the response was submitted under Section 232.0027. |
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(b) A commissioners court or county authority responsible |
|
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for approving plats [designee] that conditionally approves or |
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disapproves a plat application following the submission of a |
|
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response under Section 232.0027: |
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(1) must comply with Section 232.0026; and |
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(2) may disapprove the application only for a specific |
|
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condition or reason provided to the applicant for the original |
|
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application under Section 232.0026. |
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(c) A commissioners court or county authority responsible |
|
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for approving plats [designee] that receives a response under |
|
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Section 232.0027 shall approve a previously conditionally approved |
|
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or disapproved plat application if the applicant's response |
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adequately addresses each condition for the conditional approval or |
|
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each reason for the disapproval. |
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(d) A previously conditionally approved or disapproved plat |
|
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application is approved if: |
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(1) the applicant filed a response that meets the |
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requirements of Subsection (c); and |
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(2) the commissioners court or county authority |
|
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responsible for approving plats [designee] that received the |
|
|
response does not disapprove the application on or before the date |
|
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required by Subsection (a) and in accordance with Section 232.0026. |
|
|
SECTION 16. Subchapter A, Chapter 232, Local Government |
|
|
Code, is amended by adding Section 232.00287 to read as follows: |
|
|
Sec. 232.00287. ALTERNATIVE REVIEW PROCESS. (a) If a |
|
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county fails to approve, approve with conditions, or disapprove a |
|
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plat or an applicant's written response earlier than the 15th day |
|
|
after the date prescribed by Section 232.0025 or 232.0028, as |
|
|
applicable, an applicant may have the plat reviewed by: |
|
|
(1) a person with authority to review plats for: |
|
|
(A) the county; or |
|
|
(B) a political subdivision other than the county |
|
|
if the county approves the reviewer; or |
|
|
(2) an engineer licensed under Chapter 1001, |
|
|
Occupations Code. |
|
|
(b) A person may not review a plat under Subsection (a) if |
|
|
the person: |
|
|
(1) is the applicant; or |
|
|
(2) prepared the plat that is the subject of the |
|
|
application. |
|
|
(c) A person who performs a review under this section: |
|
|
(1) has the authority to approve, approve with |
|
|
conditions, or disapprove a plat as if the person were delegated |
|
|
authority under Section 232.0022; |
|
|
(2) must ensure the plat satisfies all applicable |
|
|
regulations; and |
|
|
(3) must provide notice of the review to the county not |
|
|
later than the 15th day after the date of the review. |
|
|
(d) The county may prescribe a reasonable format for the |
|
|
notice provided under Subsection (c)(3). |
|
|
(e) The county may not collect an additional fee related to |
|
|
the review performed under Subsection (a). |
|
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SECTION 17. The following provisions of the Local |
|
|
Government Code are repealed: |
|
|
(1) Section 212.009(b-1); and |
|
|
(2) Section 232.0025(d-1). |
|
|
SECTION 18. The changes in law made by this Act apply only |
|
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to a plat application filed on or after the effective date of this |
|
|
Act. |
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SECTION 19. This Act takes effect September 1, 2023. |