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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal approval of subdivision plans or plats in |
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certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 212.009, Local Government Code, is |
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amended by amending Subsections (a), (b), (b-1), and (b-2) and |
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adding Subsection (a-1) 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 plat |
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within: |
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(1) 30 days after the date the plat is filed; or |
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(2) in a municipality with a population of less than |
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10,000, 90 days after the date the plat is filed. |
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(a-1) A plat is approved by the municipal authority under |
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this section unless it is disapproved within a [that] period |
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prescribed by this section and in accordance with Section 212.0091. |
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(b) If an ordinance requires that a plat be approved by the |
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governing body of the municipality in addition to the planning |
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commission, the governing body shall approve, approve with |
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conditions, or disapprove the plat within: |
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(1) 30 days after the date the plat is approved by the |
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planning commission or is approved by the inaction of the |
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commission; or |
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(2) in a municipality with a population of less than |
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10,000, 90 days after the date the 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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plat is approved by the governing body unless it is disapproved |
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within that period and in accordance with Section 212.0091.] |
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(b-1) Notwithstanding Subsection (a) or (b), if a |
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groundwater availability certification is required under Section |
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212.0101, the prescribed [30-day] period described by those |
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subsections begins on the date the applicant submits the |
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groundwater availability certification to the municipal authority |
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responsible for approving plats or the governing body of the |
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municipality, as applicable. |
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(b-2) Notwithstanding Subsection (a) or (b), the parties |
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shall extend the prescribed [30-day] period described by those |
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subsections for one or more periods, each 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) the municipal authority or governing body, as |
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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 2. Section 212.0095(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 receives a |
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response under Section 212.0093 shall determine whether to approve |
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or disapprove the applicant's previously conditionally approved or |
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disapproved plat not later than: |
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(1) the 15th day after the date the response was |
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submitted; or |
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(2) in a municipality with a population of less than |
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10,000, the 45th day after the date the response was submitted. |
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SECTION 3. 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 4. This Act takes effect September 1, 2025. |