By: Guillen H.B. No. 4121
A BILL TO BE ENTITLED
AN ACT
relating to prompt review of land development applications and the
award of court costs and attorney's fees against a political
subdivision in certain actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 250, Subtitle C, Title 7, Local
Government Code, is amended by adding Section 250.010 to read as
follows:
Sec. 250.010. PROMPT APPROVAL OF LAND DEVELOPMENT
APPLICATIONS. (a) For purposes of this section:
(1) "land development" means any activity relating to
the development or redevelopment of land including, but not limited
to, subdivision development, construction of subdivision
improvements, site plan development, development of on-site or
off-site improvements, and a project within the meaning of Sec.
245.001(3).
(2) "land development application" means an
application for subdivision development plan, a subdivision plan,
subdivision construction plan, a site development concept plan, a
site plan, a site development plan, an application submitted under
Chapter 212 or Chapter 232, and any other application relating to
land development, excluding only an application for zoning under
Chapter 211 or an application to amend a comprehensive plan under
Chapter 213.
(b) A political subdivision shall approve, approve with
conditions, or disapprove a land development application within 30
days after the date the land development application is filed. A
land development application is approved by the political
subdivision unless it is disapproved within that period.
(c) Notwithstanding Subsection (b), the political
subdivision may extend the 30-day period described by that
subsection for a period not to exceed 30 days if:
(1) the applicant requests the extension in writing to
the political subdivision responsible for approving the land
development application; and
(2) the political subdivision approves the extension
request.
(d) If the political subdivision responsible for reviewing
the land development application fails to approve, approve with
conditions, or disapprove the land development application within
the prescribed period, the political subdivision on the applicant's
request shall issue a certificate stating the date the land
development application was filed and that the political
subdivision failed to act on the land development application
within the prescribed period. The certificate shall serve as a
permit approving the land development application.
(e) A political subdivision that conditionally approves or
disapproves a land development application 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. Each condition or reason specified in the written
statement:
(1) must:
(A) be directly related to the requirements under
this section; 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.
(f) After the conditional approval or disapproval of a land
development application under this section, the applicant may
submit to the political subdivision that conditionally approved or
disapproved the land development application a written response
that satisfies each condition for the conditional approval or
remedies each reason for disapproval provided. The political
subdivision may not establish a deadline for an applicant to submit
the response.
(g) A political subdivision that receives a response under
Subsection (f) shall determine whether to approve or disapprove the
applicant's previously conditionally approved or disapproved land
development application not later than the 15th day after the date
the response was submitted.
(h) A political subdivision that conditionally approves or
disapproves a plan or plat following the submission of a response
under Subsection (f):
(1) must comply with Subsection (g); and
(2) may disapprove the land development application
only for a specific condition or reason provided to the applicant
under Subsection (e).
(i) A political subdivision that receives a response under
Subsection (f) shall approve a previously conditionally approved or
disapproved land development application if the response
adequately addresses each condition of the conditional approval or
each reason for the disapproval.
(j) A previously conditionally approved or disapproved land
development application is approved if:
(1) the applicant filed a response that meets the
requirements of Subsection (f); 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 (g).
(k) A political subdivision responsible for approving land
development applications may not request or require an applicant to
waive a deadline or other approval procedure under this section.
(l) An applicant may challenge a conditional approval or
disapproval of a land development application under this section in
a county or district court of the county in which the development
project is located within 30 days of the conditional approval or
disapproval.
(m) In a legal action challenging a conditional approval or
a disapproval of a land development application under this section,
the political subdivision has the burden of proving by clear and
convincing evidence that the disapproval any applicable case law.
The court may not use a deferential standard.
(n) A political subdivision may not require an applicant to
waive the right to file a legal action challenging a conditional
approval or a disapproval of a land development application under
this section as a condition of approval for a development project.
(o) An applicant who prevails in a legal action challenging
a conditional approval or a disapproval of a land development
application under this section is entitled to court costs and
reasonable attorney's fees, including expert witness fees, to be
paid by the political subdivision.
SECTION 2. Chapter 250, Subtitle C, Title 7, Local
Government Code, is amended by adding Section 250.011 to read as
follows:
Sec. 250.011. AWARD OF COURT COSTS AND ATTORNEY'S FEES IN
CERTAIN ACTIONS. (a) If a court determines that an order,
ordinance, regulatory decision, denial of an application, refusal
to issue a permit, or similar measure of a political subdivision is
unenforceable because it is preempted by the state constitution or
a state statute, the court shall award the person prevailing in the
action challenging the order, ordinance, regulatory decision,
denial of an application, refusal to issue a permit, or measure on
that basis court costs and reasonable attorney's fees, including
expert witness fees, to be paid by the political subdivision..
(b) If a court determines that an officer of a political
subdivision has failed to perform an act of the office required by
the state constitution or a state statute, the court shall award the
person prevailing in the action challenging the officer for failure
to perform that act court costs and reasonable attorney's fees,
including expert witness fees, to be paid by the political
subdivision for which the officer served at the time of the failure
to perform the act.
(c) If a court determines that a political subdivision has
failed to comply with the requirements of Chapter 212 of this Code,
the court shall award the person prevailing in the action court
costs and reasonable attorney's fees, including expert witness
fees, to be paid by the political subdivision.
(d) If a court determines that a political subdivision has
failed to comply with the requirements of Chapter 232 of this Code,
the court shall award the person prevailing in the action court
costs and reasonable attorney's fees, including expert witness
fees, to be paid by the political subdivision.
(e) This section applies only to an action commenced on or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.