Texas 2019 - 86th Regular

Texas Senate Bill SB2370 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Hughes S.B. No. 2370
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the procedure for approval of certain land development
7	7	applications by a political subdivision.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 212.009, Local Government Code, is
10	10	amended by amending Subsections (a) and (b) and adding Subsections
11	11	(c-1), (f), (g), (h), and (i) to read as follows:
12	12	(a) The municipal authority responsible for approving plats
13	13	shall approve or disapprove [act on] a plat within 30 days after the
14	14	date the plat is filed. A plat is considered approved by the
15	15	municipal authority unless it is disapproved within that period and
16	16	in accordance with Subsection (c-1)(1).
17	17	(b) If an ordinance requires that a plat be approved by the
18	18	governing body of the municipality in addition to the planning
19	19	commission, the governing body shall approve or disapprove [act on]
20	20	the plat within 30 days after the date the plat is approved by the
21	21	planning commission or is considered approved by the inaction of
22	22	the commission. A plat is considered approved by the governing body
23	23	unless it is disapproved within that period and in accordance with
24	24	Subsection (c-1)(1).
25	25	(c-1) If a plat is disapproved:
26	26	(1) the municipal authority or governing body of the
27	27	municipality, as applicable, shall provide the applicant a written
28	28	statement of the reasons for disapproval that:
29	29	(A) is provided with the notice of disapproval;
30	30	and
31	31	(B) lists each reason for the disapproval, which
32	32	must:
33	33	(i) be related to the requirements under
34	34	this subchapter; and
35	35	(ii) not be arbitrary or intended to delay
36	36	approval; and
37	37	(2) the applicant may submit a written response to the
38	38	municipal authority or governing body of the municipality, as
39	39	applicable, that remedies each reason for disapproval.
40	40	(f) A municipal authority or the governing body of a
41	41	municipality, as applicable, shall determine whether to approve an
42	42	applicant's previously disapproved plat application not later than
43	43	the 30th day after the date the municipal authority or governing
44	44	body, as applicable, receives the applicant's response.
45	45	(g) A municipal authority or the governing body of a
46	46	municipality, as applicable, shall approve a previously
47	47	disapproved plat application if the applicant's response
48	48	adequately addresses each reason for the disapproval. If the
49	49	authority or governing body disapproves a response, the authority
50	50	or governing body:
51	51	(1) must comply with Subsection (c-1)(1); and
52	52	(2) may disapprove only for a reason provided to the
53	53	applicant for the original application under Subsection (c-1)(1).
54	54	(h) A previously disapproved plat application is considered
55	55	approved if:
56	56	(1) the applicant filed a response that meets the
57	57	requirements of Subsection (g); and
58	58	(2) the municipal authority or governing body does not
59	59	disapprove the application on or before the date required by
60	60	Subsection (f) and in accordance with Subsection (g).
61	61	(i) This section applies to a municipality regardless of
62	62	whether the municipality has entered into an interlocal agreement.
63	63	SECTION 2. Section 232.0025, Local Government Code, is
64	64	amended by amending Subsections (d), (e), (f), and (i) and adding
65	65	Subsections (g-1), (g-2), (g-3), and (j) to read as follows:
66	66	(d) Except as provided by Subsection (f), the commissioners
67	67	court or the court's designee shall approve or disapprove [take
68	68	final action on] a plat application, including the resolution of
69	69	all appeals, not later than the 60th day after the date a completed
70	70	plat application is filed with [received by] the commissioners
71	71	court or the court's designee. A plat is considered approved by the
72	72	commissioners court or the court's designee unless it is
73	73	disapproved within that period and in accordance with Subsection
74	74	(e)(1).
75	75	(e) If the commissioners court or the court's designee
76	76	disapproves a plat application:
77	77	(1) the commissioners court or the court's designee
78	78	shall provide [,] the applicant with a written statement [shall be
79	79	given a complete list] of the reasons for the disapproval that:
80	80	(A) is provided with the notice of disapproval;
81	81	and
82	82	(B) lists each reason for the disapproval, which
83	83	must:
84	84	(i) be related to the applicable
85	85	requirements under this subchapter; and
86	86	(ii) not be arbitrary or intended to delay
87	87	approval; and
88	88	(2) the applicant may submit a written response to the
89	89	commissioners court or the court's designee that remedies each
90	90	reason for disapproval.
91	91	(f) The 60-day period under Subsection (d):
92	92	(1) may be extended for a total of 30 days [reasonable
93	93	period], if:
94	94	(A) agreed to in writing by the applicant and
95	95	approved by the commissioners court or the court's designee; or
96	96	(B) [(2) may be extended 60 additional days if]
97	97	Chapter 2007, Government Code, requires the county to perform a
98	98	takings impact assessment in connection with a plat application;
99	99	and
100	100	(2) [(3)] applies only to a decision wholly within the
101	101	control of the commissioners court or the court's designee.
102	102	(g-1) The commissioners court of a county or the court's
103	103	designee shall determine whether to approve an applicant's
104	104	previously disapproved plat application not later than the 30th day
105	105	after the date the commissioners court or the court's designee
106	106	receives the applicant's response.
107	107	(g-2) The commissioners court of a county or the court's
108	108	designee shall approve a previously disapproved plat application if
109	109	the applicant's response adequately addresses each reason for the
110	110	disapproval. If the commissioners court or the court's designee
111	111	disapproves a response, the commissioners court or the court's
112	112	designee:
113	113	(1) must comply with Subsection (e)(1); and
114	114	(2) may disapprove only for a reason provided to the
115	115	applicant for the original application under Subsection (e)(1).
116	116	(g-3) A previously disapproved plat application is
117	117	considered approved if:
118	118	(1) the applicant filed a response that meets the
119	119	requirements of Subsection (g-2); and
120	120	(2) the commissioners court or the court's designee
121	121	does not disapprove the application on or before the date required
122	122	by Subsection (g-1) and in accordance with Subsection (g-2).
123	123	(i) If the commissioners court or the court's designee fails
124	124	to comply with [take final action on the plat as required by]
125	125	Subsection (d), (e), (g-1), or (g-2):
126	126	(1) the commissioners court shall refund the greater
127	127	of the unexpended portion of any plat application fee or deposit or
128	128	50 percent of a plat application fee or deposit that has been paid;
129	129	(2) the plat application is granted by operation of
130	130	law; and
131	131	(3) the applicant may apply to a district court in the
132	132	county where the tract of land is located for a writ of mandamus to
133	133	compel the commissioners court to issue documents recognizing the
134	134	plat's approval.
135	135	(j) This section applies to a county regardless of whether
136	136	the county has entered into an interlocal agreement.
137	137	SECTION 3. Chapter 245, Local Government Code, is amended
138	138	by adding Section 245.0025 to read as follows:
139	139	Sec. 245.0025. DEVELOPMENT PERMIT APPLICATION APPROVAL
140	140	PROCEDURE. (a) A political subdivision that adopts a permit
141	141	regulation requiring regulatory agency approval for proposed land
142	142	development shall determine whether to approve or disapprove the
143	143	development application not later than the 60th day after the date
144	144	the application is filed with the agency. An application is
145	145	considered approved by the agency unless the agency disapproves of
146	146	the application in that period and in accordance with Subsection
147	147	(b)(1).
148	148	(b) If a land development application under Subsection (a)
149	149	is disapproved:
150	150	(1) the regulatory agency shall provide the applicant
151	151	a written statement of the reasons for disapproval that:
152	152	(A) is provided with the notice of disapproval;
153	153	and
154	154	(B) lists each reason for the disapproval, which
155	155	must:
156	156	(i) be related to the requirements of the
157	157	permit regulation; and
158	158	(ii) not be arbitrary or intended to delay
159	159	approval; and
160	160	(2) the applicant may submit a written response to the
161	161	agency that remedies each reason for disapproval.
162	162	(c) A regulatory agency shall determine whether to approve
163	163	an applicant's previously disapproved development application not
164	164	later than the 30th day after the date the application was filed.
165	165	If the agency disapproves a response, the agency:
166	166	(1) must comply with Subsection (b)(1); and
167	167	(2) may disapprove only for a reason provided to the
168	168	applicant for the original application under Subsection (b)(1).
169	169	(d) A regulatory agency shall approve a previously
170	170	disapproved development application if the applicant's response
171	171	adequately addresses each reason for the disapproval.
172	172	(e) A previously disapproved development application is
173	173	considered approved if:
174	174	(1) the applicant filed a response that meets the
175	175	requirements of Subsection (d); and
176	176	(2) the regulatory agency does not disapprove the
177	177	application on or before the date required by Subsection (c) and in
178	178	accordance with Subsection (d).
179	179	(f) This section applies to a political subdivision
180	180	regardless of whether the political subdivision has entered into an
181	181	interlocal agreement.
182	182	SECTION 4. The change in law made by this Act applies only
183	183	to a development or plat application filed on or after the effective
184	184	date of this Act. A development or plat application filed before
185	185	the effective date of this Act is governed by the law in effect
186	186	immediately before the effective date of this Act, and that law is
187	187	continued in effect for that purpose.
188	188	SECTION 5. This Act takes effect September 1, 2019.