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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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BettencourtX |
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SpringerX |
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EckhardtX |
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GutierrezX |
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HallX |
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NicholsX |
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ParkerX |
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PaxtonX |
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WestX |
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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal regulation of subdivisions and approval of |
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subdivision plans or plats. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 212, Local Government |
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Code, is amended by adding Section 212.0021 to read as follows: |
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Sec. 212.0021. SUBDIVISION REQUIREMENTS. The governing |
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body of a municipality, by ordinance and after notice is published |
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in a newspaper of general circulation in the municipality, may: |
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(1) adopt, based on the amount and kind of travel over |
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each street or road in a subdivision, reasonable specifications |
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relating to the construction of each street or road; and |
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(2) adopt reasonable specifications to provide |
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adequate drainage for each street or road in a subdivision in |
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accordance with standard engineering practices. |
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SECTION 2. Section 212.003(a), Local Government Code, is |
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amended to read as follows: |
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(a) The governing body of a municipality by ordinance may |
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extend to the extraterritorial jurisdiction of the municipality the |
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application of municipal ordinances adopted under Section 212.002 |
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and other municipal ordinances relating to access to public roads |
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or the pumping, extraction, and use of groundwater by persons other |
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than retail public utilities, as defined by Section 13.002, Water |
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Code, for the purpose of preventing the use or contact with |
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groundwater that presents an actual or potential threat to human |
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health. However, unless otherwise authorized by state law, in its |
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extraterritorial jurisdiction a municipality shall not regulate, |
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either directly or indirectly: |
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(1) the use of any building or property for business, |
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industrial, residential, or other purposes; |
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(2) the bulk, height, or number of buildings |
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constructed on a particular tract of land; |
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(3) the size of a building that can be constructed on a |
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particular tract of land, including without limitation any |
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restriction on the ratio of building floor space to the land square |
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footage; |
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(4) the minimum size of a lot, dimensions of a lot, |
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minimum width of a lot frontage, minimum distance a lot must be set |
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back from a road or property line, or another component of lot |
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density on a particular tract of land; |
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(5) the number of residential units that can be built |
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per acre of land; or |
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(6) [(5)] the size, type, or method of construction of |
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a water or wastewater facility that can be constructed to serve a |
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developed tract of land if[: |
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[(A)] the facility meets the minimum standards |
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established for water or wastewater facilities by state and federal |
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regulatory entities[; and |
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[(B) the developed tract of land is: |
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[(i) located in a county with a population |
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of 2.8 million or more; and |
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[(ii) served by: |
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[(a) on-site septic systems |
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constructed before September 1, 2001, that fail to provide adequate |
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services; or |
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[(b) on-site water wells constructed |
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before September 1, 2001, that fail to provide an adequate supply of |
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safe drinking water]. |
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SECTION 3. Sections 212.004(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) The owner of a tract of land located within the limits or |
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in the extraterritorial jurisdiction of a municipality who divides |
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the tract in two or more parts to lay out a subdivision of the tract, |
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including an addition to a municipality, to lay out suburban, |
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building, or other lots, or to lay out streets, alleys, squares, |
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parks, or other parts of the tract intended by the owner of the |
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tract to be dedicated to public use or for the private use of |
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purchasers or owners of lots fronting on or adjacent to the streets, |
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alleys, squares, parks, or other parts to be maintained by the |
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purchasers or owners of those lots must have a plat of the |
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subdivision prepared. A division of a tract under this subsection |
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includes a division regardless of whether it is made by using a |
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metes and bounds description in a deed of conveyance or in a |
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contract for a deed, by using a contract of sale or other executory |
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contract to convey, or by using any other method. A division of |
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land under this subsection does not include a division of land into |
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parts greater than five acres, where each part has access and no |
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public improvement is being dedicated. |
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(b) To be recorded, the plat must: |
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(1) describe the subdivision by metes and bounds; |
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(2) locate the subdivision with respect to a corner of |
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the survey or tract or an original corner of the original survey of |
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which it is a part; and |
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(3) state the dimensions of the subdivision and of |
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each street, alley, square, park, or other part of the tract |
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intended by the owner of the tract to be dedicated to public use or |
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for the private use of purchasers or owners of lots fronting on or |
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adjacent to the street, alley, square, park, or other part to be |
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maintained by the purchasers or owners of those lots. |
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SECTION 4. Section 212.005, Local Government Code, is |
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amended to read as follows: |
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Sec. 212.005. APPROVAL BY MUNICIPALITY REQUIRED. (a) The |
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municipal authority responsible for approving plats must approve a |
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plat or replat that is required to be prepared under this subchapter |
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and that satisfies the requirements of this subchapter [all |
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applicable regulations]. |
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(b) This subchapter may not be construed to convey any |
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authority to a municipality regarding the completeness of an |
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application or the approval of a plat or replat that is not |
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explicitly granted by this subchapter. |
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SECTION 5. Subchapter A, Chapter 212, Local Government |
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Code, is amended by adding Section 212.0081 to read as follows: |
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Sec. 212.0081. REQUIRED APPLICATION MATERIALS. (a) Each |
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municipality shall adopt and make available to the public a |
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complete, written list of all documentation and other information |
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that the municipality requires to be submitted with a plat |
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application. The required documentation and other information must |
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be related to a requirement authorized under this subchapter. |
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(b) A plat application submitted to the municipal authority |
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responsible for approving plats that contains all documents and |
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other information on the list provided under Subsection (a) is |
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considered complete. |
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(c) A municipality that operates an Internet website shall |
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publish and continuously maintain the list described by Subsection |
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(a) on the Internet website not later than the 30th day after the |
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date the municipality adopts or amends the list. |
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(d) A municipality that does not operate an Internet website |
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shall publish the list described by Subsection (a) on adoption of |
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the list or an amendment to the list in: |
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(1) a newspaper of general circulation in the |
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municipality; and |
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(2) a public place in the location in which the |
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governing body of the municipality meets. |
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SECTION 6. Section 212.009(b-2), Local Government Code, is |
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amended to read as follows: |
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(b-2) Notwithstanding Subsection (a) or (b), the parties |
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shall [may] extend the 30-day period described by those subsections |
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for a period not to exceed 30 days if: |
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(1) both: |
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(A) the applicant requests the extension in |
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writing to the municipal authority responsible for approving plats |
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or the governing body of the municipality, as applicable; and |
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(B) [(2)] the municipal authority or governing |
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body, as applicable, approves the extension request; or |
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(2) Chapter 2007, Government Code, requires the |
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municipality to perform a takings impact assessment in connection |
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with the plan or plat. |
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SECTION 7. Section 212.010, Local Government Code, is |
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amended by adding Subsections (c), (d), and (e) to read as follows: |
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(c) The municipal authority responsible for approving plats |
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may not require the dedication of land within a subdivision for a |
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future street or alley that is: |
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(1) not intended by the owner of the tract; and |
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(2) not included, funded, and approved in: |
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(A) a capital improvement plan adopted by the |
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municipality; or |
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(B) a similar plan adopted by a county in which |
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the municipality is located or the state. |
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(d) A municipal authority responsible for approving plats |
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may not refuse to review a plat or to approve a plat for recordation |
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for failure to identify a corridor, as defined by Section 201.619, |
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Transportation Code, unless the corridor is part of an agreement |
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between the Texas Department of Transportation and a county in |
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which the municipality is located under that section. |
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(e) If a municipal authority responsible for approving |
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plats fails or refuses to approve a plat that meets the requirements |
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of this subchapter, the owner of the tract that is the subject of |
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the plat may bring an action in a district court in a county in which |
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the tract is located for a writ of mandamus to compel the municipal |
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authority to approve the plat by issuing to the owner applicable |
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approval documentation. The prevailing party may recover |
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reasonable and necessary attorney's fees and court costs in the |
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action. |
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SECTION 8. As soon as practicable after the effective date |
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of this Act but not later than January 1, 2024, each municipality |
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shall adopt and publish the list described by Section 212.0081, |
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Local Government Code, as added by this Act. |
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SECTION 9. The changes in law made by this Act apply only to |
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an application submitted on or after the effective date of this Act. |
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An application submitted before the effective date of this Act is |
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governed by the law applicable to the application immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2023. |
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* * * * * |