By: Hughes S.B. No. 2370
A BILL TO BE ENTITLED
AN ACT
relating to the procedure for approval of certain land development
applications by a political subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 212.009, Local Government Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(c-1), (f), (g), (h), and (i) to read as follows:
(a) The municipal authority responsible for approving plats
shall approve or disapprove [act on] a plat within 30 days after the
date the plat is filed. A plat is considered approved by the
municipal authority unless it is disapproved within that period and
in accordance with Subsection (c-1)(1).
(b) If an ordinance requires that a 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 plat within 30 days after the date the plat is approved by the
planning commission or is considered approved by the inaction of
the commission. A plat is considered approved by the governing body
unless it is disapproved within that period and in accordance with
Subsection (c-1)(1).
(c-1) If a plat is disapproved:
(1) the municipal authority or governing body of the
municipality, as applicable, shall provide the applicant a written
statement of the reasons for disapproval that:
(A) is provided with the notice of disapproval;
and
(B) lists each reason for the disapproval, which
must:
(i) be related to the requirements under
this subchapter; and
(ii) not be arbitrary or intended to delay
approval; and
(2) the applicant may submit a written response to the
municipal authority or governing body of the municipality, as
applicable, that remedies each reason for disapproval.
(f) A municipal authority or the governing body of a
municipality, as applicable, shall determine whether to approve an
applicant's previously disapproved plat application not later than
the 30th day after the date the municipal authority or governing
body, as applicable, receives the applicant's response.
(g) A municipal authority or the governing body of a
municipality, as applicable, shall approve a previously
disapproved plat application if the applicant's response
adequately addresses each reason for the disapproval. If the
authority or governing body disapproves a response, the authority
or governing body:
(1) must comply with Subsection (c-1)(1); and
(2) may disapprove only for a reason provided to the
applicant for the original application under Subsection (c-1)(1).
(h) A previously disapproved plat application is considered
approved if:
(1) the applicant filed a response that meets the
requirements of Subsection (g); and
(2) the municipal authority or governing body does not
disapprove the application on or before the date required by
Subsection (f) and in accordance with Subsection (g).
(i) This section applies to a municipality regardless of
whether the municipality has entered into an interlocal agreement.
SECTION 2. Section 232.0025, Local Government Code, is
amended by amending Subsections (d), (e), (f), and (i) and adding
Subsections (g-1), (g-2), (g-3), and (j) to read as follows:
(d) Except as provided by Subsection (f), the commissioners
court or the court's designee shall approve or disapprove [take
final action on] a plat application, including the resolution of
all appeals, not later than the 60th day after the date a completed
plat application is filed with [received by] the commissioners
court or the court's designee. A plat is considered approved by the
commissioners court or the court's designee unless it is
disapproved within that period and in accordance with Subsection
(e)(1).
(e) If the commissioners court or the court's designee
disapproves a plat application:
(1) the commissioners court or the court's designee
shall provide [,] the applicant with a written statement [shall be
given a complete list] of the reasons for the disapproval that:
(A) is provided with the notice of disapproval;
and
(B) lists each reason for the disapproval, which
must:
(i) be related to the applicable
requirements under this subchapter; and
(ii) not be arbitrary or intended to delay
approval; and
(2) the applicant may submit a written response to the
commissioners court or the court's designee that remedies each
reason for disapproval.
(f) The 60-day period under Subsection (d):
(1) may be extended for a total of 30 days [reasonable
period], if:
(A) 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 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-1) The commissioners court of a county or the court's
designee shall determine whether to approve an applicant's
previously disapproved plat application not later than the 30th day
after the date the commissioners court or the court's designee
receives the applicant's response.
(g-2) The commissioners court of a county or the court's
designee shall approve a previously disapproved plat application if
the applicant's response adequately addresses each reason for the
disapproval. If the commissioners court or the court's designee
disapproves a response, the commissioners court or the court's
designee:
(1) must comply with Subsection (e)(1); and
(2) may disapprove only for a reason provided to the
applicant for the original application under Subsection (e)(1).
(g-3) A previously disapproved plat application is
considered approved if:
(1) the applicant filed a response that meets the
requirements of Subsection (g-2); and
(2) the commissioners court or the court's designee
does not disapprove the application on or before the date required
by Subsection (g-1) and in accordance with Subsection (g-2).
(i) If the commissioners court or the court's designee fails
to comply with [take final action on the plat as required by]
Subsection (d), (e), (g-1), or (g-2):
(1) the commissioners court shall refund the greater
of the unexpended portion of any plat application fee or deposit or
50 percent of 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's approval.
(j) This section applies to a county regardless of whether
the county has entered into an interlocal agreement.
SECTION 3. Chapter 245, Local Government Code, is amended
by adding Section 245.0025 to read as follows:
Sec. 245.0025. DEVELOPMENT PERMIT APPLICATION APPROVAL
PROCEDURE. (a) A political subdivision that adopts a permit
regulation requiring regulatory agency approval for proposed land
development shall determine whether to approve or disapprove the
development application not later than the 60th day after the date
the application is filed with the agency. An application is
considered approved by the agency unless the agency disapproves of
the application in that period and in accordance with Subsection
(b)(1).
(b) If a land development application under Subsection (a)
is disapproved:
(1) the regulatory agency shall provide the applicant
a written statement of the reasons for disapproval that:
(A) is provided with the notice of disapproval;
and
(B) lists each reason for the disapproval, which
must:
(i) be related to the requirements of the
permit regulation; and
(ii) not be arbitrary or intended to delay
approval; and
(2) the applicant may submit a written response to the
agency that remedies each reason for disapproval.
(c) A regulatory agency shall determine whether to approve
an applicant's previously disapproved development application not
later than the 30th day after the date the application was filed.
If the agency disapproves a response, the agency:
(1) must comply with Subsection (b)(1); and
(2) may disapprove only for a reason provided to the
applicant for the original application under Subsection (b)(1).
(d) A regulatory agency shall approve a previously
disapproved development application if the applicant's response
adequately addresses each reason for the disapproval.
(e) A previously disapproved development application is
considered approved if:
(1) the applicant filed a response that meets the
requirements of Subsection (d); and
(2) the regulatory agency does not disapprove the
application on or before the date required by Subsection (c) and in
accordance with Subsection (d).
(f) This section applies to a political subdivision
regardless of whether the political subdivision has entered into an
interlocal agreement.
SECTION 4. The change in law made by this Act applies only
to a development or plat application filed on or after the effective
date of this Act. A development or plat 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 5. This Act takes effect September 1, 2019.