86R20764 SCL-F
By: Oliverson H.B. No. 3167
Substitute the following for H.B. No. 3167:
By: Craddick C.S.H.B. No. 3167
A BILL TO BE ENTITLED
AN ACT
relating to county and municipal approval procedure for land
development applications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 212.001, Local Government Code, is
amended by amending Subdivision (2) and adding Subdivision (3) to
read as follows:
(2) "Plan" means a subdivision development plan,
including a preliminary plat, preliminary subdivision plan,
subdivision construction plan, site development plan, and final
plat.
(3) "Plat" includes a replat.
SECTION 2. Subchapter A, Chapter 212, Local Government
Code, is amended by adding Section 212.0085 to read as follows:
Sec. 212.0085. APPROVAL PROCEDURE: APPLICABILITY. The
approval procedures under this subchapter apply to a municipality
regardless of whether the municipality has entered into an
interlocal agreement, including an interlocal agreement between a
municipality and county under Section 242.001(d).
SECTION 3. The heading to Section 212.009, Local Government
Code, is amended to read as follows:
Sec. 212.009. APPROVAL PROCEDURE: INITIAL APPROVAL.
SECTION 4. Sections 212.009(a), (b), (c), and (d), Local
Government Code, are amended to read as follows:
(a) The municipal authority responsible for approving plats
shall approve or disapprove [act on] a plan [plat] within 30 days
after the date the plan [plat] is filed. A plan [plat] is considered
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 [plat] be approved
by the governing body of the municipality in addition to the
planning commission, the governing body shall approve or disapprove
[act on] the plan [plat] within 30 days after the date the plan
[plat] is approved by the planning commission or is considered
approved by the inaction of the commission. A plan [plat] is
considered approved by the governing body unless it is disapproved
within that period and in accordance with Section 212.0091.
(c) If a plan [plat] is approved, the municipal authority
giving the approval shall endorse the plan [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 or disapprove [act on] a plan [plat] within
the prescribed period, the authority on request shall issue a
certificate stating the date the plan [plat] was filed and that the
authority failed to act on the plan [plat] within the period. The
certificate is effective in place of the endorsement required by
Subsection (c).
SECTION 5. Subchapter A, Chapter 212, Local Government
Code, is amended by adding Sections 212.0091, 212.0093, 212.0095,
212.0097, and 212.0099 to read as follows:
Sec. 212.0091. APPROVAL PROCEDURE: DISAPPROVAL
REQUIREMENTS. (a) A municipal authority or governing body that
disapproves a plan under this subchapter shall provide the
applicant a written statement of the reasons for disapproval that
clearly articulates each specific reason for disapproval.
(b) Each reason specified in the written statement:
(1) must:
(A) be directly related to the requirements under
this subchapter; and
(B) include a citation to the law, including a
statute or municipal ordinance, that is the basis for the
disapproval, if applicable; and
(2) may not be arbitrary or intended to delay
approval.
Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
DISAPPROVAL. After the disapproval of a plan under Section
212.0091, the applicant may submit to the municipal authority or
governing body that disapproved the plan a written response that
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 disapproved
plan not later than the 15th day after the date the response was
submitted.
(b) A municipal authority or governing body that
disapproves a plan following the submission of a response under
Section 212.0093:
(1) must comply with Section 212.0091; and
(2) may disapprove the plan only for a specific reason
provided to the applicant for the original plan under Section
212.0091.
(c) A municipal authority or governing body that receives a
response under Section 212.0093 shall approve a previously
disapproved plan if the response adequately addresses each reason
for the disapproval.
(d) A previously disapproved plan is considered 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 on or before the
date required by Subsection (a) and in accordance with Section
212.0091.
Sec. 212.0097. APPROVAL PROCEDURE: WAIVER PROHIBITED. A
municipal authority responsible for approving plans or the
governing body of a municipality may not request or require an
applicant to waive a deadline or other approval procedure under
this subchapter.
Sec. 212.0099. JUDICIAL REVIEW OF DISAPPROVAL. In a legal
action challenging a disapproval of a plan 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.
SECTION 6. Chapter 212, Local Government Code, is amended
by adding Subchapter H to read as follows:
SUBCHAPTER H. APPROVAL PROCEDURES FOR LAND DEVELOPMENT
APPLICATIONS
Sec. 212.201. DEFINITION. In this subchapter, "development
application" means an application for approval of proposed land
development required by a municipality. The term does not include
an application for the approval of a plat or other plan governed by
Subchapter A.
Sec. 212.202. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to a municipality regardless of whether the municipality
has entered into an interlocal agreement, including an interlocal
agreement between a municipality and county under Section
242.001(d).
Sec. 212.203. INITIAL APPROVAL OR DISAPPROVAL. (a) A
municipality that adopts a regulation requiring municipal approval
for proposed land development shall determine whether to approve or
disapprove a development application not later than the 30th day
after the date the application is filed with the municipality.
(b) A development application is considered approved by the
municipality unless the municipality disapproves of the
application in the period described by Subsection (a) and in
accordance with Section 212.204.
Sec. 212.204. DISAPPROVAL REQUIREMENTS. (a) A
municipality that disapproves of a development application under
this subchapter shall provide the applicant a written statement of
the reasons for disapproval that clearly articulates each specific
reason for disapproval.
(b) Each reason specified in the written statement:
(1) must:
(A) be directly related to the requirements of
the regulation requiring the approval; and
(B) include a citation to the law, including a
statute or municipal ordinance, that is the basis for the
disapproval, if applicable; and
(2) may not be arbitrary or intended to delay
approval.
Sec. 212.205. APPLICANT RESPONSE TO DISAPPROVAL. After the
disapproval of a development application under Section 212.204, the
applicant may submit to the municipality a written response that
remedies each reason for disapproval provided. The municipality
may not establish a deadline for an applicant to submit the
response.
Sec. 212.206. APPROVAL OR DISAPPROVAL OF RESPONSE. (a) A
municipality that receives a response under Section 212.205 shall
determine whether to approve or disapprove the applicant's
previously disapproved development application not later than the
15th day after the date the response was submitted.
(b) A municipality that disapproves a development
application following the submission of a response under Section
212.205:
(1) must comply with Section 212.204; and
(2) may disapprove the application only for a specific
reason provided to the applicant for the original application under
Section 212.204.
(c) A municipality that receives a response under Section
212.205 shall approve a previously disapproved development
application if the response adequately addresses each reason for
the disapproval.
(d) A previously disapproved development application is
considered approved if:
(1) the applicant filed a response that meets the
requirements of Subsection (c); and
(2) the municipality does not disapprove the
application on or before the date required by Subsection (a) and in
accordance with Section 212.204.
Sec. 212.207. WAIVER PROHIBITED. A municipality may not
request or require an applicant to waive a deadline or other
approval procedure under this subchapter.
Sec. 212.208. JUDICIAL REVIEW OF DISAPPROVAL. In a legal
action challenging a disapproval of a development application 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.
SECTION 7. Subchapter A, Chapter 232, Local Government
Code, is amended by adding Sections 232.0005 and 232.0023 to read as
follows:
Sec. 232.0005. DEFINITION. In this subchapter, "plan"
means a subdivision development plan, including a preliminary plat,
preliminary subdivision plan, subdivision construction plan, site
development plan, and final plat.
Sec. 232.0023. APPROVAL PROCEDURE: APPLICABILITY. The plan
application approval procedures under this subchapter apply to a
county regardless of whether the county has entered into an
interlocal agreement, including an interlocal agreement between a
municipality and county under Section 242.001(d).
SECTION 8. Section 232.0025, Local Government Code, is
amended to read as follows:
Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF PLATS
AND OTHER PLANS. (a) The commissioners court of a county or a
person designated by the commissioners court shall issue a written
list of the documentation and other information that must be
submitted with a plan [plat] application. The documentation or
other information must relate to a requirement authorized under
this section or other applicable law. An application submitted to
the commissioners court or the person designated by the
commissioners court that contains the documents and other
information on the list is considered complete.
(b) If a person submits a plan [plat] application to the
commissioners court that does not include all of the documentation
or other information required by Subsection (a), the commissioners
court or the court's designee shall, not later than the 10th
business day after the date the commissioners court receives the
application, notify the applicant of the missing documents or other
information. The commissioners court shall allow an applicant to
timely submit the missing documents or other information.
(c) An application is considered complete when all
documentation or other information required by Subsection (a) is
received. Acceptance by the commissioners court or the court's
designee of a completed plan [plat] application with the
documentation or other information required by Subsection (a) shall
not be construed as approval of the documentation or other
information.
(d) Except as provided by Subsection (f), the commissioners
court or the court's designee shall approve or disapprove [take
final action on] a plan [plat] application[, including the
resolution of all appeals,] not later than the 30th [60th] day after
the date the [a] completed [plat] application is received by the
commissioners court or the court's designee. An application is
considered approved by the commissioners court or the court's
designee unless the application is disapproved within that period
and in accordance with Section 232.0026.
[(e) If the commissioners court or the court's designee
disapproves a plat application, the applicant shall be given a
complete list of the reasons for the disapproval.]
(f) The 30-day [60-day] period under Subsection (d):
(1) may be extended for a [reasonable] period not to
exceed 30 days, if:
(A) requested and agreed to in writing by the
applicant and approved by the commissioners court or the court's
designee; or
(B) [(2) may be extended 60 additional days if]
Chapter 2007, Government Code, requires the county to perform a
takings impact assessment in connection with the plan [a plat]
application; and
(2) [(3)] applies only to a decision wholly within the
control of the commissioners court or the court's designee.
(g) The commissioners court or the court's designee shall
make the determination under Subsection (f)(2) of whether the
30-day [60-day] period will be extended not later than the 20th day
after the date a completed plan [plat] application is received by
the commissioners court or the court's designee.
(h) The commissioners court or the court's designee may not
request or compel an applicant to waive the time limits or any other
approval procedure contained in this subchapter [section].
(i) If the commissioners court or the court's designee fails
to approve or disapprove a plan application [take final action on
the plat] as required by this subchapter [Subsection (d)]:
(1) the commissioners court shall refund the greater
of the unexpended portion of any [plat] application fee or deposit
or 50 percent of an [a plat] application fee or deposit that has
been paid;
(2) the [plat] application is granted by operation of
law; and
(3) the applicant may apply to a district court in the
county where the tract of land is located for a writ of mandamus to
compel the commissioners court to issue documents recognizing the
plan application's [plat's] approval.
SECTION 9. Subchapter A, Chapter 232, Local Government
Code, is amended by adding Sections 232.0026, 232.0027, 232.0028,
and 232.0029 to read as follows:
Sec. 232.0026. APPROVAL PROCEDURE: DISAPPROVAL
REQUIREMENTS. (a) A commissioners court or designee that
disapproves of a plan application under this subchapter shall
provide the applicant a written statement of the specific reasons
for disapproval that clearly articulates each specific reason for
disapproval.
(b) Each reason specified in the written statement:
(1) must:
(A) be directly related to the requirements of
this subchapter; and
(B) include a citation to the law, including a
statute or order, that is the basis for the disapproval, if
applicable; and
(2) may not be arbitrary or intended to delay
approval.
Sec. 232.0027. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
DISAPPROVAL. After the disapproval of a plan application under
Section 232.0026, the applicant may submit to the commissioners
court or designee that disapproved the application a written
response that remedies each reason for disapproval provided. The
commissioners court or designee may not establish a deadline for an
applicant to submit the response.
Sec. 232.0028. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
OF RESPONSE. (a) A commissioners court or designee that receives a
response under Section 232.0027 shall determine whether to approve
or disapprove the applicant's previously disapproved plan
application not later than the 15th day after the date the response
was submitted under Section 232.0027.
(b) A commissioners court or designee that disapproves a
plan application following the submission of a response under
Section 232.0027:
(1) must comply with Section 232.0026; and
(2) may disapprove the application only for a specific
reason provided to the applicant for the original application under
Section 232.0026.
(c) A commissioners court or designee that receives a
response under Section 232.0027 shall approve a previously
disapproved plan application if the applicant's response
adequately addresses each reason for the disapproval.
(d) A previously disapproved plan application is considered
approved if:
(1) the applicant filed a response that meets the
requirements of Subsection (c); and
(2) the commissioners court or designee that received
the response does not disapprove the application on or before the
date required by Subsection (a) and in accordance with Section
232.0026.
Sec. 232.0029. JUDICIAL REVIEW OF DISAPPROVAL. In a legal
action challenging a disapproval of a plan application under this
subchapter, the county 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.
SECTION 10. The change in law made by this Act applies only
to a development or plan application filed on or after the effective
date of this Act. A development or plan application filed before
the effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 11. This Act takes effect September 1, 2019.