H.B. No. 3167
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 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 212.0085 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. Section 212.009, Local Government Code, is
amended by amending Subsections (a), (b), (c), and (d) and adding
Subsections (b-1) and (b-2) to read as follows:
(a) The municipal authority responsible for approving plats
shall approve, approve with conditions, or disapprove [act on] a
plan or plat within 30 days after the date the plan or plat is filed.
A plan or 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 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 [act on] the plan or plat within 30 days
after the date the plan or plat is approved by the planning
commission or is [considered] approved by the inaction of the
commission. A plan or plat is [considered] approved by the
governing body unless it is disapproved within that period and in
accordance with Section 212.0091.
(b-1) Notwithstanding Subsection (a) or (b), if a
groundwater availability certification is required under Section
212.0101, the 30-day period described by those subsections begins
on the date the applicant submits the groundwater availability
certification to the municipal authority responsible for approving
plats or the governing body of the municipality, as applicable.
(b-2) Notwithstanding Subsection (a) or (b), the parties
may extend the 30-day period described by those subsections for a
period not to exceed 30 days if:
(1) the applicant requests the extension in writing to
the municipal authority responsible for approving plats or the
governing body of the municipality, as applicable; and
(2) the municipal authority or governing body, as
applicable, approves the extension request.
(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 [act
on] 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).
SECTION 5. Subchapter A, Chapter 212, Local Government
Code, is amended by adding Sections 212.0091, 212.0093, 212.0095,
212.0096, 212.0097, and 212.0099 to read as follows:
Sec. 212.0091. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR
DISAPPROVAL REQUIREMENTS. (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.
(b) Each condition or 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
conditional approval or disapproval, if applicable; and
(2) may not be arbitrary.
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.
Sec. 212.0097. APPROVAL PROCEDURE: WAIVER PROHIBITED. A
municipal authority responsible for approving plats 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 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.
SECTION 6. Section 212.014, Local Government Code, is
amended to read as follows:
Sec. 212.014. REPLATTING WITHOUT VACATING PRECEDING PLAT.
A replat of a subdivision or part of a subdivision may be recorded
and is controlling over the preceding plat without vacation of that
plat if the replat:
(1) is signed and acknowledged by only the owners of
the property being replatted;
(2) is approved[, after a public hearing on the matter
at which parties in interest and citizens have an opportunity to be
heard,] by the municipal authority responsible for approving plats;
and
(3) does not attempt to amend or remove any covenants
or restrictions.
SECTION 7. Section 212.015, Local Government Code, is
amended by adding Subsections (a-1), (f), and (g) and amending
Subsection (b) to read as follows:
(a-1) If a proposed replat described by Subsection (a)
requires a variance or exception, a public hearing must be held by
the municipal planning commission or the governing body of the
municipality.
(b) Notice of the hearing required under Subsection (a-1)
[Section 212.014] shall be given before the 15th day before the date
of the hearing by:
(1) publication in an official newspaper or a
newspaper of general circulation in the county in which the
municipality is located; and
(2) by written notice, with a copy of Subsection (c)
attached, forwarded by the municipal authority responsible for
approving plats to the owners of lots that are in the original
subdivision and that are within 200 feet of the lots to be
replatted, as indicated on the most recently approved municipal tax
roll or in the case of a subdivision within the extraterritorial
jurisdiction, the most recently approved county tax roll of the
property upon which the replat is requested. The written notice may
be delivered by depositing the notice, properly addressed with
postage prepaid, in a post office or postal depository within the
boundaries of the municipality.
(f) If a proposed replat described by Subsection (a) does
not require a variance or exception, the municipality shall, not
later than the 15th day after the date the replat is approved,
provide written notice by mail of the approval of the replat to each
owner of a lot in the original subdivision that is within 200 feet
of the lots to be replatted according to the most recent
municipality or county tax roll. This subsection does not apply to
a proposed replat if the municipal planning commission or the
governing body of the municipality holds a public hearing and gives
notice of the hearing in the manner provided by Subsection (b).
(g) The notice of a replat approval required by Subsection
(f) must include:
(1) the zoning designation of the property after the
replat; and
(2) a telephone number and e-mail address an owner of a
lot may use to contact the municipality about the replat.
SECTION 8. Subchapter A, Chapter 232, Local Government
Code, is amended by adding Section 232.0023 to read as follows:
Sec. 232.0023. APPROVAL PROCEDURE: APPLICABILITY. The plat
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 9. The heading to Section 232.0025, Local
Government Code, is amended to read as follows:
Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF PLATS
AND PLANS.
SECTION 10. Section 232.0025, Local Government Code, is
amended by amending Subsections (d), (f), (g), (h), and (i), and
adding Subsection (d-1) to read as follows:
(d) Except as provided by Subsection (f), the commissioners
court or the court's designee shall approve, approve with
conditions, or disapprove [take final action on] a 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 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.
(d-1) Notwithstanding Subsection (d), if a groundwater
availability certification is required under Section 232.0032, the
30-day period described by that subsection begins on the date the
applicant submits the groundwater availability certification to
the commissioners court or the court's designee, as applicable.
(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 [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)(1) [(f)(2)] of whether
the 30-day [60-day] period will be extended not later than the 20th
day after the date a completed plat application is received by the
commissioners court or the court's designee.
(h) The commissioners court or the court's designee may not
require [compel] an applicant to waive the time limits or approval
procedure contained in this subchapter [section].
(i) If the commissioners court or the court's designee fails
to approve, approve with conditions, or disapprove a plat
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
plat application's [plat's] approval.
SECTION 11. Subchapter A, Chapter 232, Local Government
Code, is amended by adding Sections 232.0026, 232.0027, 232.0028,
232.00285, and 232.0029 to read as follows:
Sec. 232.0026. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR
DISAPPROVAL REQUIREMENTS. (a) A commissioners court or designee
that conditionally approves or disapproves of a plat application
under this subchapter shall provide the applicant a written
statement of the conditions for the conditional approval or the
reasons for disapproval that clearly articulates each specific
condition for the conditional approval or reason for disapproval.
(b) Each condition or 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 conditional approval or
disapproval, if applicable; and
(2) may not be arbitrary.
Sec. 232.0027. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
approval or disapproval of a plat application under Section
232.0026, the applicant may submit to the commissioners court or
designee that conditionally approved or disapproved the
application a written response that satisfies each condition for
the conditional approval or 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 conditionally approved or
disapproved plat 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 conditionally
approves or disapproves a plat 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
condition or 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
conditionally approved or disapproved plat application if the
applicant's response adequately addresses each condition for the
conditional approval or each reason for the disapproval.
(d) A previously conditionally approved or disapproved plat
application is 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. 232.00285. DEVELOPMENT PLAN REVIEW. (a) In this
section, "development plan" includes a preliminary plat,
preliminary subdivision plan, subdivision construction plan, site
plan, general plan, land development application, or site
development plan.
(b) Unless explicitly authorized by another law of this
state, a county may not require a person to submit a development
plan during the plat approval process required by this subchapter.
If a county is authorized under another law of this state to require
approval of a development plan, the county must comply with the
approval procedures under this subchapter during the approval
process.
Sec. 232.0029. JUDICIAL REVIEW OF DISAPPROVAL. In a legal
action challenging a disapproval of a plat 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 12. Section 232.0025(e), Local Government Code, is
repealed.
SECTION 13. The change in law made by this Act applies only
to a plat 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 14. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3167 was passed by the House on May 2,
2019, by the following vote: Yeas 119, Nays 18, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3167 was passed by the Senate on May
21, 2019, by the following vote: Yeas 27, Nays 3, 1 present, not
voting
.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor