| |
|
|
SENATE RESOLUTION
|
|
|
BE IT RESOLVED by the Senate of the State of Texas, 88th |
|
|
Legislature, Regular Session, 2023, That Senate Rule 12.03 be |
|
|
suspended in part as provided by Senate Rule 12.08 to enable the |
|
|
conference committee appointed to resolve the differences on |
|
|
House Bill 3699 (municipal regulation of subdivisions and |
|
|
approval of subdivision plans or plats) to consider and take |
|
|
action on the following matters: |
|
|
(1) Senate Rule 12.03(4) is suspended to permit the |
|
|
committee to add text on a matter which is not included in either |
|
|
the house or senate version of the bill by adding the following |
|
|
SECTIONS to the bill: |
|
|
SECTION 1. Sections 212.001(2) and (3), Local Government |
|
|
Code, are amended to read as follows: |
|
|
(2) ["Plan" means a subdivision development plan, |
|
|
including a subdivision plan, subdivision construction plan, |
|
|
site plan, land development application, and site development |
|
|
plan. |
|
|
[(3)] "Plat" includes a preliminary plat, [general |
|
|
plan,] final plat, and replat. |
|
|
SECTION 2. Subchapter A, Chapter 212, Local Government |
|
|
Code, is amended by adding Section 212.0015 to read as follows: |
|
|
Sec. 212.0015. CONSTRUCTION OF SUBCHAPTER. This |
|
|
subchapter may not be construed to restrict a municipality from |
|
|
establishing a submittal calendar to be used by an applicant to |
|
|
facilitate compliance with the approval process described by |
|
|
Sections 212.009, 212.0091, 212.0093, and 212.0095. |
|
|
SECTION 6. Sections 212.0065(a) and (c), Local |
|
|
Government Code, are amended to read as follows: |
|
|
(a) The governing body of a municipality or the municipal |
|
|
planning commission may delegate to one or more officers or |
|
|
employees of the municipality or of a utility owned or operated |
|
|
by the municipality the ability to approve, approve with |
|
|
conditions, or disapprove a plat [: |
|
|
[(1) amending plats described by Section 212.016; |
|
|
[(2) minor plats or replats involving four or fewer |
|
|
lots fronting on an existing street and not requiring the |
|
|
creation of any new street or the extension of municipal |
|
|
facilities; or |
|
|
[(3) a replat under Section 212.0145 that does not |
|
|
require the creation of any new street or the extension of |
|
|
municipal facilities]. |
|
|
(c) An applicant has the right to appeal to the governing |
|
|
body of the municipality or the municipal planning commission if |
|
|
the designated [The] person disapproves a [or persons shall not |
|
|
disapprove the] plat [and shall be required to refer any plat |
|
|
which the person or persons refuse to approve to the municipal |
|
|
authority responsible for approving plats within the time period |
|
|
specified in Section 212.009]. |
|
|
SECTION 9. Section 212.0091(a), Local Government Code, |
|
|
is amended to read as follows: |
|
|
(a) A municipal authority or governing body that |
|
|
conditionally approves or disapproves a [plan or] plat under this |
|
|
subchapter shall provide the applicant a written statement of the |
|
|
conditions for the conditional approval or reasons for |
|
|
disapproval that clearly articulates each specific condition for |
|
|
the conditional approval or reason for disapproval. |
|
|
SECTION 10. Sections 212.0093, 212.0095, and 212.0096, |
|
|
Local Government Code, are amended to read as follows: |
|
|
Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO |
|
|
CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional |
|
|
approval or disapproval of a [plan or] plat under Section |
|
|
212.0091, the applicant may submit to the municipal authority or |
|
|
governing body that conditionally approved or disapproved the |
|
|
[plan or] plat a written response that satisfies each condition |
|
|
for the conditional approval or remedies each reason for |
|
|
disapproval provided. The municipal authority or governing body |
|
|
may not establish a deadline for an applicant to submit the |
|
|
response. |
|
|
Sec. 212.0095. APPROVAL PROCEDURE: APPROVAL OR |
|
|
DISAPPROVAL OF RESPONSE. (a) A municipal authority or governing |
|
|
body that receives a response under Section 212.0093 shall |
|
|
determine whether to approve or disapprove the applicant's |
|
|
previously conditionally approved or disapproved [plan or] plat |
|
|
not later than the 15th day after the date the response was |
|
|
submitted. |
|
|
(b) A municipal authority or governing body that |
|
|
conditionally approves or disapproves a [plan or] plat following |
|
|
the submission of a response under Section 212.0093: |
|
|
(1) must comply with Section 212.0091; and |
|
|
(2) may disapprove the [plan or] plat only for a |
|
|
specific condition or reason provided to the applicant under |
|
|
Section 212.0091. |
|
|
(c) A municipal authority or governing body that receives |
|
|
a response under Section 212.0093 shall approve a previously |
|
|
conditionally approved or disapproved [plan or] plat if the |
|
|
response adequately addresses each condition of the conditional |
|
|
approval or each reason for the disapproval. |
|
|
(d) A previously conditionally approved or disapproved |
|
|
[plan or] plat is approved if: |
|
|
(1) the applicant filed a response that meets the |
|
|
requirements of Subsection (c); and |
|
|
(2) the municipal authority or governing body that |
|
|
received the response does not disapprove the [plan or] plat on |
|
|
or before the date required by Subsection (a) and in accordance |
|
|
with Section 212.0091. |
|
|
Sec. 212.0096. APPROVAL PROCEDURE: ALTERNATIVE APPROVAL |
|
|
PROCESS. (a) Notwithstanding Sections 212.009, 212.0091, |
|
|
212.0093, and 212.0095, an applicant may elect at any time to |
|
|
seek approval for a [plan or] plat under an alternative approval |
|
|
process adopted by a municipality if the process allows for a |
|
|
shorter approval period than the approval process described by |
|
|
Sections 212.009, 212.0091, 212.0093, and 212.0095. |
|
|
(b) An applicant that elects to seek approval under the |
|
|
alternative approval process described by Subsection (a) is not: |
|
|
(1) required to satisfy the requirements of |
|
|
Sections 212.009, 212.0091, 212.0093, and 212.0095 before |
|
|
bringing an action challenging a disapproval of a [plan or] plat |
|
|
under this subchapter; and |
|
|
(2) prejudiced in any manner in bringing the action |
|
|
described by Subdivision (1), including satisfying a requirement |
|
|
to exhaust any and all remedies. |
|
|
SECTION 11. Section 212.0099, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 212.0099. JUDICIAL REVIEW OF DISAPPROVAL. In a |
|
|
legal action challenging a disapproval of a [plan or] plat under |
|
|
this subchapter, the municipality has the burden of proving by |
|
|
clear and convincing evidence that the disapproval meets the |
|
|
requirements of this subchapter or any applicable case law. The |
|
|
court may not use a deferential standard. |
|
|
Explanation: This change is necessary to provide |
|
|
limitations on municipal regulation of subdivisions and approval |
|
|
of subdivision plans or plats. |
|
|
(2) Senate Rules 12.03(1), (3), and (4) are suspended to |
|
|
permit the committee to change, alter, or amend text which is not |
|
|
in disagreement, to add text on a matter which is not in |
|
|
disagreement, and to add text on a matter which is not included in |
|
|
either the house or senate version of the bill in proposed |
|
|
SECTION 4 of the bill, in Section 212.004, Local Government Code, |
|
|
by amending Subsections (a) and (b) and adding Subsections (f) |
|
|
and (g) to read as follows: |
|
|
(a) The owner of a tract of land located within the limits |
|
|
or in the extraterritorial jurisdiction of a municipality who |
|
|
divides the tract in two or more parts to lay out a subdivision of |
|
|
the tract, including an addition to a municipality, to lay out |
|
|
suburban, building, or other lots, or to lay out streets, alleys, |
|
|
squares, parks, or other parts of the tract intended by the owner |
|
|
of the tract to be dedicated to public use [or for the use of |
|
|
purchasers or owners of lots fronting on or adjacent to the |
|
|
streets, alleys, squares, parks, or other parts] must have a plat |
|
|
of the subdivision prepared. A division of a tract under this |
|
|
subsection includes a division regardless of whether it is made |
|
|
by using a metes and bounds description in a deed of conveyance or |
|
|
in a contract for a deed, by using a contract of sale or other |
|
|
executory contract to convey, or by using any other method. A |
|
|
division of land under this subsection does not include a |
|
|
division of land into parts greater than five acres, where each |
|
|
part has access and no public improvement is being dedicated. |
|
|
(b) To be recorded, the plat must: |
|
|
(1) describe the subdivision by metes and bounds; |
|
|
(2) locate the subdivision with respect to a corner |
|
|
of the survey or tract or an original corner of the original |
|
|
survey of which it is a part; and |
|
|
(3) state the dimensions of the subdivision and of |
|
|
each street, alley, square, park, or other part of the tract |
|
|
intended by the owner of the tract to be dedicated to public use |
|
|
[or for the use of purchasers or owners of lots fronting on or |
|
|
adjacent to the street, alley, square, park, or other part]. |
|
|
(f) A plat is considered filed on the date the applicant |
|
|
submits the plat, along with a completed plat application and the |
|
|
application fees and other requirements prescribed by or under |
|
|
this subchapter, to: |
|
|
(1) the governing body of the municipality; or |
|
|
(2) the municipal authority responsible for |
|
|
approving plats. |
|
|
(g) The governing body of a municipality or the municipal |
|
|
authority responsible for approving plats may not require an |
|
|
analysis, study, document, agreement, or similar requirement to |
|
|
be included in or as part of an application for a plat, |
|
|
development permit, or subdivision of land that is not explicitly |
|
|
required by state law. |
|
|
Explanation: This change is necessary to repeal the plat |
|
|
preparation requirement in relation to purchasers or owners of |
|
|
certain lots, to specify the date on which a plat is considered |
|
|
filed, and to prohibit a municipality or municipal authority from |
|
|
requiring certain additional materials for a plat, development |
|
|
permit, or subdivision of land. |
|
|
(3) Senate Rules 12.03(3) and (4) are suspended to permit |
|
|
the committee to add text on a matter which is not in disagreement |
|
|
and to add text on a matter which is not included in either the |
|
|
house or senate version of the bill in proposed SECTION 8 of the |
|
|
bill, by amending Sections 212.009(a), (b), (c), and (d), Local |
|
|
Government Code, to read as follows: |
|
|
(a) The municipal authority responsible for approving |
|
|
plats shall approve, approve with conditions, or disapprove a |
|
|
[plan or] plat within 30 days after the date the [plan or] plat is |
|
|
filed. A [plan or] plat is approved by the municipal authority |
|
|
unless it is disapproved within that period and in accordance |
|
|
with Section 212.0091. |
|
|
(b) If an ordinance requires that a [plan or] plat be |
|
|
approved by the governing body of the municipality in addition to |
|
|
the planning commission, the governing body shall approve, |
|
|
approve with conditions, or disapprove the [plan or] plat within |
|
|
30 days after the date the [plan or] plat is approved by the |
|
|
planning commission or is approved by the inaction of the |
|
|
commission. A [plan or] plat is approved by the governing body |
|
|
unless it is disapproved within that period and in accordance |
|
|
with Section 212.0091. |
|
|
(c) If a [plan or] plat is approved, the municipal |
|
|
authority giving the approval shall endorse the [plan or] plat |
|
|
with a certificate indicating the approval. The certificate must |
|
|
be signed by: |
|
|
(1) the authority's presiding officer and attested |
|
|
by the authority's secretary; or |
|
|
(2) a majority of the members of the authority. |
|
|
(d) If the municipal authority responsible for approving |
|
|
plats fails to approve, approve with conditions, or disapprove a |
|
|
[plan or] plat within the prescribed period, the authority on the |
|
|
applicant's request shall issue a certificate stating the date |
|
|
the [plan or] plat was filed and that the authority failed to act |
|
|
on the [plan or] plat within the period. The certificate is |
|
|
effective in place of the endorsement required by Subsection (c). |
|
|
Explanation: This change is necessary to conform to other |
|
|
changes made in the bill. |
|
|
(4) Senate Rule 12.03(1) is suspended to permit the |
|
|
committee to change, alter, or amend text which is not in |
|
|
disagreement in proposed SECTION 8 of the bill, in amended |
|
|
Section 212.009(b-2), Local Government Code, by striking "a |
|
|
period" and substituting "one or more periods, each [a period]". |
|
|
Explanation: This change is necessary to provide for |
|
|
multiple extensions for the deadlines provided by Section |
|
|
212.009, Local Government Code. |
|
|
(5) Senate Rule 12.03(1) is suspended to permit the |
|
|
committee to change, alter, or amend text which is not in |
|
|
disagreement in proposed SECTION 12 of the bill, in added Section |
|
|
212.010(e), Local Government Code, by striking "The prevailing |
|
|
party may recover reasonable and necessary attorney's fees and |
|
|
court costs in the action." and substituting the following: |
|
|
The applicant shall recover reasonable attorney's fees and court |
|
|
costs in the action if the applicant prevails. The municipality |
|
|
may recover reasonable attorney's fees and court costs in the |
|
|
action if the municipality prevails and the court finds the |
|
|
action is frivolous. |
|
|
Explanation: This change is necessary to provide |
|
|
different standards for recovery of attorney's fees and court |
|
|
costs for an applicant and a municipality. |
|
|
|
|
|
|
|
|
|
| |
|
|
|
_______________________________ |
|
|
|
President of the Senate |
|
|
|
|
|
|
|
I hereby certify that the |
|
|
|
above Resolution was adopted by |
|
|
|
the Senate on May 28, 2023, by the |
|
|
following vote: Yeas 31, Nays 0. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
_______________________________ |
|
|
|
Secretary of the Senate |