By: Oliverson H.B. No. 4447
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 212.001, Local Government Code, is
amended by adding Subdivision (4) to read as follows:
(4) "Required planning document" means a document
required by the municipality or state or federal law for the
approval of a plan or plat. The term includes, as applicable:
(A) associated drainage studies;
(B) traffic impact analyses;
(C) utility evaluations;
(D) geotechnical reports;
(E) federal permits such as Federal Emergency
Management Agency Conditional Letters of Map Revision and Letters
of Map Revision; and
(F) groundwater availability certifications
required under Section 212.0101.
SECTION 2. Section 212.008, Local Government Code, is
amended to read as follows:
Sec. 212.008. APPLICATION FOR APPROVAL. (a) A person
desiring approval of a plan or plat must apply to and file a copy of
the plan or plat with the municipal planning commission or, if the
municipality has no planning commission, the governing body of the
municipality.
(b) Except as provided by Section 212.0101, a municipal
planning commission or the governing body of the municipality may
not require a person to submit or obtain approval of a required
planning document or fulfill any other prerequisites or conditions
before the person files a copy of the plan or plat with the
municipal planning commission or governing body.
(c) A municipal planning commission or the governing body of
the municipality may approve a plan or plat on the condition that
the applicant must also submit or obtain approval of certain
required planning documents after the plat application is filed.
If the municipal planning commission or the governing body of the
municipality conditionally approves a plan or plat on such a
condition, the municipality's approval process for each individual
required planning document shall also be subject to the same
procedures and timelines as those prescribed for plans or plats
under Sections 212.009, 212.0091, 212.0093, 212.0095, and
212.0096, with the exception that the municipal planning commission
or the governing body of the municipality may only approve or
disapprove, but may not conditionally approve, each individual
required planning document.
SECTION 3. Section 212.0085, Local Government Code, is
amended by amending the heading and adding Subsections (b), (c),
and (d) to read as follows:
Sec. 212.0085. APPROVAL AND BIFURCATED APPROVAL PROCEDURE:
APPLICABILITY. (a) 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).
(b) After receiving a request from at least five applicants
and conducting a public hearing on the matter at which interested
parties shall be heard, a municipality shall establish a bifurcated
approval procedure under this subchapter, including a phased
approach to the approval of a preliminary plan or plat and a final
plan or plat.
(c) Each phase of a bifurcated approval procedure adopted
under subsection (b) shall be subject to the approval procedures in
Sections 212.009, 212.0091, 212.0093, and 212.0095.
(d) An applicant may, but is not required to, opt-in to the
bifurcated approval procedure established by the municipality
under subsection (b).
SECTION 4. Subchapter A, Chapter 232, Local Government
Code, is amended by adding Section 232.0001 to read as follows:
Sec. 232.0001. DEFINITIONS. In this subchapter:
(4) "Required planning document" means a document
required by the county or state or federal law for the approval of a
plan or plat. The term includes, as applicable:
(A) associated drainage studies;
(B) traffic impact analyses;
(C) utility evaluations;
(D) geotechnical reports;
(E) federal permits such as Federal Emergency
Management Agency Conditional Letters of Map Revision and Letters
of Map Revision; and
(F) groundwater availability certifications
required under Section 212.0101.
SECTION 5. Section 232.0025, Local Government Code, is
amended by adding Subsections (b-1) and (b-2) to read as follows:
(b-1) Except as provided by Section 232.0032, a county may
not require a person desiring approval of a plat to submit or obtain
approval of a required planning document or otherwise fulfill any
prerequisites or conditions before filing a copy of the plat
application with the commissioners court or the court's designee.
(b-2) A commissioners court or the court's designee may
conditionally approve a plat application on the condition that the
applicant must also submit or obtain approval of certain required
planning documents after the plat application is filed. If
commissioners court or the court's designee conditionally approves
a plat application on such a condition, the county's approval
process for each individual required planning document shall also
be subject to the same procedures and timelines as those prescribed
for plat applications under Sections 232.0025, 232.0026, 232.0027,
and 232.0028, with the exception that the commissioners court or
the court's deignee may only approve or disapprove, but may not
conditionally approve, each individual required planning document.
SECTION 6. Section 232.0023, Local Government Code, is
amended by amending the heading and adding Subsections (b), (c),
and (d) to read as follows:
Sec. 232.0023. APPROVAL AND BIFURCATED APPROVAL PROCEDURE:
APPLICABILITY. (a) 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).
(b) After receiving a request from at least five applicants
and conducting a public hearing on the matter at which interested
parties shall be heard, a county shall establish a bifurcated
approval procedure under this subchapter, including a phased
approach to the approval of a preliminary plat and a final plat.
(c) Each phase of a bifurcated approval procedure adopted
under subsection (b) shall be subject to the approval procedures in
Sections 232.0025, 232.0026, 232.0027, and 232.0028.
(d) An applicant may, but is not required to, opt-in to the
bifurcated approval procedure established by the county under
subsection (b).
SECTION 7. The change in law made by this Act applies only
to a plan or plat application filed on or after the effective date
of this Act. A plan 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 8. This Act takes effect September 1, 2021.