Texas 2021 - 87th Regular

Texas House Bill HB4121 Compare Versions

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

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1	1	By: Guillen H.B. No. 4121
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to prompt review of land development applications and the
7	7	award of court costs and attorney's fees against a political
8	8	subdivision in certain actions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 250, Subtitle C, Title 7, Local
11	11	Government Code, is amended by adding Section 250.010 to read as
12	12	follows:
13	13	Sec. 250.010. PROMPT APPROVAL OF LAND DEVELOPMENT
14	14	APPLICATIONS. (a) For purposes of this section:
15	15	(1) "land development" means any activity relating to
16	16	the development or redevelopment of land including, but not limited
17	17	to, subdivision development, construction of subdivision
18	18	improvements, site plan development, development of on-site or
19	19	off-site improvements, and a project within the meaning of Sec.
20	20	245.001(3).
21	21	(2) "land development application" means an
22	22	application for subdivision development plan, a subdivision plan,
23	23	subdivision construction plan, a site development concept plan, a
24	24	site plan, a site development plan, an application submitted under
25	25	Chapter 212 or Chapter 232, and any other application relating to
26	26	land development, excluding only an application for zoning under
27	27	Chapter 211 or an application to amend a comprehensive plan under
28	28	Chapter 213.
29	29	(b) A political subdivision shall approve, approve with
30	30	conditions, or disapprove a land development application within 30
31	31	days after the date the land development application is filed. A
32	32	land development application is approved by the political
33	33	subdivision unless it is disapproved within that period.
34	34	(c) Notwithstanding Subsection (b), the political
35	35	subdivision may extend the 30-day period described by that
36	36	subsection for a period not to exceed 30 days if:
37	37	(1) the applicant requests the extension in writing to
38	38	the political subdivision responsible for approving the land
39	39	development application; and
40	40	(2) the political subdivision approves the extension
41	41	request.
42	42	(d) If the political subdivision responsible for reviewing
43	43	the land development application fails to approve, approve with
44	44	conditions, or disapprove the land development application within
45	45	the prescribed period, the political subdivision on the applicant's
46	46	request shall issue a certificate stating the date the land
47	47	development application was filed and that the political
48	48	subdivision failed to act on the land development application
49	49	within the prescribed period. The certificate shall serve as a
50	50	permit approving the land development application.
51	51	(e) A political subdivision that conditionally approves or
52	52	disapproves a land development application shall provide the
53	53	applicant a written statement of the conditions for the conditional
54	54	approval or reasons for disapproval that clearly articulates each
55	55	specific condition for the conditional approval or reason for
56	56	disapproval. Each condition or reason specified in the written
57	57	statement:
58	58	(1) must:
59	59	(A) be directly related to the requirements under
60	60	this section; and
61	61	(B) include a citation to the law, including a
62	62	statute or municipal ordinance, that is the basis for the
63	63	conditional approval or disapproval, if applicable; and
64	64	(2) may not be arbitrary.
65	65	(f) After the conditional approval or disapproval of a land
66	66	development application under this section, the applicant may
67	67	submit to the political subdivision that conditionally approved or
68	68	disapproved the land development application a written response
69	69	that satisfies each condition for the conditional approval or
70	70	remedies each reason for disapproval provided. The political
71	71	subdivision may not establish a deadline for an applicant to submit
72	72	the response.
73	73	(g) A political subdivision that receives a response under
74	74	Subsection (f) shall determine whether to approve or disapprove the
75	75	applicant's previously conditionally approved or disapproved land
76	76	development application not later than the 15th day after the date
77	77	the response was submitted.
78	78	(h) A political subdivision that conditionally approves or
79	79	disapproves a plan or plat following the submission of a response
80	80	under Subsection (f):
81	81	(1) must comply with Subsection (g); and
82	82	(2) may disapprove the land development application
83	83	only for a specific condition or reason provided to the applicant
84	84	under Subsection (e).
85	85	(i) A political subdivision that receives a response under
86	86	Subsection (f) shall approve a previously conditionally approved or
87	87	disapproved land development application if the response
88	88	adequately addresses each condition of the conditional approval or
89	89	each reason for the disapproval.
90	90	(j) A previously conditionally approved or disapproved land
91	91	development application is approved if:
92	92	(1) the applicant filed a response that meets the
93	93	requirements of Subsection (f); and
94	94	(2) the municipal authority or governing body that
95	95	received the response does not disapprove the plan or plat on or
96	96	before the date required by Subsection (g).
97	97	(k) A political subdivision responsible for approving land
98	98	development applications may not request or require an applicant to
99	99	waive a deadline or other approval procedure under this section.
100	100	(l) An applicant may challenge a conditional approval or
101	101	disapproval of a land development application under this section in
102	102	a county or district court of the county in which the development
103	103	project is located within 30 days of the conditional approval or
104	104	disapproval.
105	105	(m) In a legal action challenging a conditional approval or
106	106	a disapproval of a land development application under this section,
107	107	the political subdivision has the burden of proving by clear and
108	108	convincing evidence that the disapproval any applicable case law.
109	109	The court may not use a deferential standard.
110	110	(n) A political subdivision may not require an applicant to
111	111	waive the right to file a legal action challenging a conditional
112	112	approval or a disapproval of a land development application under
113	113	this section as a condition of approval for a development project.
114	114	(o) An applicant who prevails in a legal action challenging
115	115	a conditional approval or a disapproval of a land development
116	116	application under this section is entitled to court costs and
117	117	reasonable attorney's fees, including expert witness fees, to be
118	118	paid by the political subdivision.
119	119	SECTION 2. Chapter 250, Subtitle C, Title 7, Local
120	120	Government Code, is amended by adding Section 250.011 to read as
121	121	follows:
122	122	Sec. 250.011. AWARD OF COURT COSTS AND ATTORNEY'S FEES IN
123	123	CERTAIN ACTIONS. (a) If a court determines that an order,
124	124	ordinance, regulatory decision, denial of an application, refusal
125	125	to issue a permit, or similar measure of a political subdivision is
126	126	unenforceable because it is preempted by the state constitution or
127	127	a state statute, the court shall award the person prevailing in the
128	128	action challenging the order, ordinance, regulatory decision,
129	129	denial of an application, refusal to issue a permit, or measure on
130	130	that basis court costs and reasonable attorney's fees, including
131	131	expert witness fees, to be paid by the political subdivision..
132	132	(b) If a court determines that an officer of a political
133	133	subdivision has failed to perform an act of the office required by
134	134	the state constitution or a state statute, the court shall award the
135	135	person prevailing in the action challenging the officer for failure
136	136	to perform that act court costs and reasonable attorney's fees,
137	137	including expert witness fees, to be paid by the political
138	138	subdivision for which the officer served at the time of the failure
139	139	to perform the act.
140	140	(c) If a court determines that a political subdivision has
141	141	failed to comply with the requirements of Chapter 212 of this Code,
142	142	the court shall award the person prevailing in the action court
143	143	costs and reasonable attorney's fees, including expert witness
144	144	fees, to be paid by the political subdivision.
145	145	(d) If a court determines that a political subdivision has
146	146	failed to comply with the requirements of Chapter 232 of this Code,
147	147	the court shall award the person prevailing in the action court
148	148	costs and reasonable attorney's fees, including expert witness
149	149	fees, to be paid by the political subdivision.
150	150	(e) This section applies only to an action commenced on or
151	151	after the effective date of this Act.
152	152	SECTION 3. This Act takes effect September 1, 2021.