Texas 2021 - 87th Regular

Texas House Bill HB4447 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R21684 SCL-F
2	1		By: Oliverson H.B. No. 4447
3		-	Substitute the following for H.B. No. 4447:
4		-	By: Biedermann C.S.H.B. No. 4447
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the procedure for approval of certain land development
10		-	applications by a ~~municipality or county~~.
	7	+	applications by a political subdivision.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Section 212.001, Local Government Code, is
13		-	amended by adding Subdivisions (1-a), (1-b), (1-c), (4), and (5) to
14		-	read as follows:
15		-	(1-a) "Land development" means an activity relating to
16		-	the development or redevelopment of land, including subdivision
17		-	development, construction of subdivision improvements, site
18		-	development, and development of on-site and off-site improvements.
19		-	(1-b) "Land development application" means an
20		-	application or other document relating to land development under
21		-	this chapter that is required to be approved by a municipal body
22		-	before the land development may commence. The term includes a title
23		-	or description used by municipalities to refer to those
24		-	applications or other documents, including "preliminary plat,"
25		-	"plat," "final plat," "replat," "preliminary plan," "master
26		-	planning document," "master development plan," "plan," "general
27		-	plan," "subdivision development plan," "subdivision plan," "site
28		-	plan," or "site development plan." The term does not include:
29		-	(A) an application or other document for which
30		-	approval by a municipal body does not authorize the land
31		-	development to commence; or
32		-	(B) a subdivision construction plan, subdivision
33		-	engineering plan, or similar or related plan.
34		-	(1-c) "Municipal body" means the applicable municipal
35		-	authority for approving a land development application. The term
36		-	includes a municipal planning commission or its designee, a
37		-	municipality authority for approving land development applications
38		-	or its designee, and the governing body of the municipality or its
39		-	designee.
40		-	(4) "Required document" means a document required by
41		-	the municipality or state or federal law for the approval of a land
42		-	development application. The term includes, as applicable:
	10	+	amended by adding Subdivision (4) to read as follows:
	11	+	(4) "Required planning document" means a document
	12	+	required by the municipality or state or federal law for the
	13	+	approval of a plan or plat. The term includes, as applicable:
43	14		(A) associated drainage studies;
44	15		(B) traffic impact analyses;
45	16		(C) utility evaluations;
46	17		(D) geotechnical reports;
47		-	(E) groundwater availability certifications
48		-	required under Section 212.0101;
49		-	(F) tree surveys or mitigation studies;
50		-	(G) studies of wetlands or waters of the United
51		-	States; and
52		-	(H) endangered species studies.
53		-	(5) "Submit" means the act by a person of providing,
54		-	delivering, or relaying by any means a copy of a land development
55		-	application to a municipal body. The term includes all variations
56		-	of the term, including "apply to and submit," "submitted," and
57		-	"submitting." The term does not include the acceptance,
58		-	acknowledgment, receipt, processing, or performance of a
59		-	completeness check of the land development application or required
60		-	document or any other action by a municipal body in response to the
61		-	submission of a copy of the land development application.
	18	+	(E) federal permits such as Federal Emergency
	19	+	Management Agency Conditional Letters of Map Revision and Letters
	20	+	of Map Revision; and
	21	+	(F) groundwater availability certifications
	22	+	required under Section 212.0101.
62	23		SECTION 2. Section 212.008, Local Government Code, is
63	24		amended to read as follows:
64	25		Sec. 212.008. APPLICATION FOR APPROVAL. (a) A person
65		-	desiring approval of a land development application [plat] must
66		-	apply to and submit [file] a copy of the application [plat] with the
67		-	municipal planning commission or its designee or, if the
	26	+	desiring approval of a plan or plat must apply to and file a copy of
	27	+	the plan or plat with the municipal planning commission or, if the
68	28		municipality has no planning commission, the governing body of the
69		-	municipality or its designee.
70		-	(b) Except as provided by Section 212.0101, a municipal body
71		-	may not require a person to submit a required document or fulfill
72		-	any other prerequisites or conditions before the person submits a
73		-	copy of a land development application with the body.
74		-	SECTION 3. Subchapter A, Chapter 212, Local Government
75		-	Code, is amended by adding Sections 212.0082, 212.0083, and
76		-	212.0087 to read as follows:
77		-	Sec. 212.0082. APPROVAL PROCEDURE: REQUIRED DOCUMENTS. (a)
78		-	A municipal body may require a person desiring approval of a land
79		-	development application to submit a required document for the
80		-	application only if:
81		-	(1) the governing body of the municipality has adopted
82		-	the requirement by ordinance; and
83		-	(2) the municipality made available to the person
84		-	before the submission of the application:
85		-	(A) a list of all required documents for the
86		-	application; or
87		-	(B) publications of all required documents for
88		-	the application.
89		-	(b) A municipal body may not require a person to submit new
90		-	or additional required documents for which the requirements of
91		-	Subsection (a) have not been met.
92		-	(c) A municipal body may not, on the grounds that a person
93		-	has failed to submit for a land development application a required
94		-	document for which the requirements of Subsection (a) have not been
95		-	met:
96		-	(1) refuse to accept, acknowledge, receive, or process
97		-	the application or other required documents;
98		-	(2) disapprove the application or other required
99		-	documents;
100		-	(3) consider the application or other required
101		-	documents incomplete; or
102		-	(4) refuse to comply with the procedures and timelines
103		-	prescribed for land development applications and required
104		-	documents under this subchapter with respect to the application and
105		-	documents.
106		-	Sec. 212.0083. APPROVAL PROCEDURE: APPROVAL AND
107		-	CONDITIONAL APPROVAL OF REQUIRED DOCUMENTS. (a) A person desiring
108		-	approval of a land development application may submit required
109		-	documents with the application or after submitting the application.
110		-	If the person elects to submit the documents afterwards, a
111		-	municipal body may conditionally approve the application on the
112		-	condition that the applicant submit the documents in accordance
113		-	with Subsection (c).
114		-	(b) An election by a person to submit the required documents
115		-	after submitting a land development application is not grounds for
116		-	a municipal body to:
117		-	(1) refuse to accept, acknowledge, receive, or process
118		-	the application or documents;
119		-	(2) disapprove the application or documents;
120		-	(3) consider the application or documents incomplete;
121		-	or
122		-	(4) refuse to comply with the procedures and timelines
123		-	prescribed for land development applications and required
124		-	documents under this subchapter with respect to the person's
125		-	application and documents.
126		-	(c) A municipal body that conditionally approves a land
127		-	development application under Subsection (a) must:
128		-	(1) make an approval determination on each individual
129		-	required document under the same approval procedures and timelines
130		-	as those prescribed for a land development application under this
131		-	subchapter;
132		-	(2) approve or disapprove, but not conditionally
133		-	approve, each individual required document;
134		-	(3) provide to the applicant comments on a required
135		-	document not later than the 30th day after the date the applicant
136		-	submits the document; and
137		-	(4) make an approval determination on a required
138		-	document not later than the 60th day after the date the applicant
139		-	submits the document.
140		-	(d) On disapproval of a required document, an applicant may
141		-	submit to the municipal body a written response that remedies each
142		-	reason for disapproval. The municipal body may not establish a
143		-	deadline for the applicant to submit the response.
144		-	(e) On receipt of a response under Subsection (d), a
145		-	municipal body shall determine whether to approve or disapprove the
146		-	applicant's previously disapproved required document not later
147		-	than the 15th day after the date the applicant submits the response.
148		-	Sec. 212.0087. APPROVAL PROCEDURE: BIFURCATED APPROVAL.
149		-	(a) After receiving a request from at least five applicants and
150		-	conducting a public hearing on the matter at which interested
151		-	parties must be heard, a municipality shall establish a bifurcated
152		-	approval procedure under this subchapter, including a phased
153		-	approach to the approval of a land development application.
154		-	(b) Each phase of a bifurcated approval procedure adopted
155		-	under Subsection (a) must be subject to the approval procedures
156		-	prescribed by this subchapter.
157		-	(c) An applicant may, but is not required to, opt in to the
158		-	bifurcated approval procedure established by a municipality under
159		-	Subsection (a).
160		-	SECTION 4. Section 212.009, Local Government Code, is
161		-	amended to read as follows:
162		-	Sec. 212.009. APPROVAL PROCEDURE: INITIAL APPROVAL. (a) The
163		-	municipal body [authority responsible for approving plats] shall
164		-	approve, approve with conditions, or disapprove a land development
165		-	application [plan or plat] within 30 days after the date the
166		-	application [plan or plat] is submitted [filed]. An application [A
167		-	plan or plat] is approved by the municipal authority unless it is
168		-	disapproved within that period and in accordance with Section
169		-	212.0091.
170		-	(b) If an ordinance requires that a land development
171		-	application [plan or plat] be approved by the governing body of the
172		-	municipality in addition to the planning commission, the governing
173		-	body shall approve, approve with conditions, or disapprove the
174		-	application [plan or plat] within 30 days after the date the
175		-	application [plan or plat] is approved by the planning commission
176		-	or is approved by the inaction of the commission. An application [A
177		-	plan or plat] is approved by the governing body unless it is
178		-	disapproved within that period and in accordance with Section
179		-	212.0091.
180		-	(b-1) Notwithstanding Subsection (a) or (b), if a
181		-	groundwater availability certification is required under Section
182		-	212.0101, the 30-day period described by those subsections begins
183		-	on the date the applicant submits the groundwater availability
184		-	certification to the municipal [authority responsible for
185		-	approving plats or the governing] body [of the municipality, as
186		-	applicable].
187		-	(b-2) Notwithstanding Subsection (a) or (b), the parties
188		-	may extend the 30-day period described by those subsections for a
189		-	period not to exceed 30 days if:
190		-	(1) the applicant requests the extension in writing to
191		-	the municipal [authority responsible for approving plats or the
192		-	governing] body [of the municipality, as applicable]; and
193		-	(2) the municipal [authority or governing] body[, as
194		-	applicable,] approves the extension request.
195		-	(c) If a land development application [plan or plat] is
196		-	approved, the municipal body [authority giving the approval] shall
197		-	endorse the application [plan or plat] with a certificate
198		-	indicating the approval. The certificate must be signed by:
199		-	(1) the body's [authority's] presiding officer and
200		-	attested by the body's [authority's] secretary; or
201		-	(2) a majority of the members of the body [authority].
202		-	(d) If the municipal body [authority responsible for
203		-	approving plats] fails to approve, approve with conditions, or
204		-	disapprove a land development application [plan or plat] within the
205		-	prescribed period, the body [authority] on the applicant's request
206		-	shall issue a certificate stating the date the application [plan or
207		-	plat] was submitted [filed] and that the body [authority] failed to
208		-	act on the application [plan or plat] within the period. The
209		-	certificate is effective in place of the endorsement required by
210		-	Subsection (c).
211		-	(e) The municipal body [authority responsible for approving
212		-	plats] shall maintain a record of each land development application
213		-	submitted [made] to the body [authority] and the body's
214		-	[authority's] action taken on it. On request of an owner of an
215		-	affected tract, the body [authority] shall certify the reasons for
216		-	the action taken on an application.
217		-	SECTION 5. Section 212.0091(a), Local Government Code, is
218		-	amended to read as follows:
219		-	(a) A municipal [authority or governing] body that
220		-	conditionally approves or disapproves a land development
221		-	application [plan or plat] under this subchapter shall provide the
222		-	applicant a written statement of the conditions for the conditional
223		-	approval or reasons for disapproval that clearly articulates each
224		-	specific condition for the conditional approval or reason for
225		-	disapproval.
226		-	SECTION 6. Sections 212.0093, 212.0095, 212.0096,
227		-	212.0097, and 212.0099, Local Government Code, are amended to read
228		-	as follows:
229		-	Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
230		-	CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
231		-	approval or disapproval of a land development application [plan or
232		-	plat] under Section 212.0091, the applicant may submit to the
233		-	municipal [authority or governing] body that conditionally
234		-	approved or disapproved the application [plan or plat] a written
235		-	response that satisfies each condition for the conditional approval
236		-	or remedies each reason for disapproval provided. The municipal
237		-	[authority or governing] body may not establish a deadline for an
238		-	applicant to submit the response.
239		-	Sec. 212.0095. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
240		-	OF RESPONSE. (a) A municipal [authority or governing] body that
241		-	receives a response under Section 212.0093 shall determine whether
242		-	to approve or disapprove the applicant's previously conditionally
243		-	approved or disapproved land development application [plan or plat]
244		-	not later than the 15th day after the date the response was
245		-	submitted.
246		-	(b) A municipal [authority or governing] body that
247		-	conditionally approves or disapproves a land development
248		-	application [plan or plat] following the submission of a response
249		-	under Section 212.0093:
250		-	(1) must comply with Section 212.0091; and
251		-	(2) may disapprove the application [plan or plat] only
252		-	for a specific condition or reason provided to the applicant under
253		-	Section 212.0091.
254		-	(c) A municipal [authority or governing] body that receives
255		-	a response under Section 212.0093 shall approve a previously
256		-	conditionally approved or disapproved land development application
257		-	[plan or plat] if the response adequately addresses each condition
258		-	of the conditional approval or each reason for the disapproval.
259		-	(d) A previously conditionally approved or disapproved land
260		-	development application [plan or plat] is approved if:
261		-	(1) the applicant submitted [filed] a response that
262		-	meets the requirements of Subsection (c); and
263		-	(2) the municipal [authority or governing] body that
264		-	received the response does not disapprove the application [plan or
265		-	plat] on or before the date required by Subsection (a) and in
266		-	accordance with Section 212.0091.
267		-	Sec. 212.0096. APPROVAL PROCEDURE: ALTERNATIVE APPROVAL
268		-	PROCESS. (a) Notwithstanding Sections 212.0083, 212.009, 212.0091,
269		-	212.0093, and 212.0095, an applicant may elect at any time to seek
270		-	approval for a land development application [plan or plat] under an
271		-	alternative approval process adopted by a municipality if the
272		-	process allows for a shorter approval period than the approval
273		-	process described by Sections 212.0083, 212.009, 212.0091,
274		-	212.0093, and 212.0095.
275		-	(b) An applicant that elects to seek approval under the
276		-	alternative approval process described by Subsection (a) is not:
277		-	(1) required to satisfy the requirements of Sections
278		-	212.0083, 212.009, 212.0091, 212.0093, and 212.0095 before
279		-	bringing an action challenging a disapproval of a land development
280		-	application [plan or plat] under this subchapter; and
281		-	(2) prejudiced in any manner in bringing the action
282		-	described by Subdivision (1), including satisfying a requirement to
283		-	exhaust any and all remedies.
284		-	Sec. 212.0097. APPROVAL PROCEDURE: WAIVER PROHIBITED. (a) A
285		-	municipal [authority responsible for approving plats or the
286		-	governing] body [of a municipality] may not request or require an
287		-	applicant to waive a deadline or other approval procedure under
288		-	this subchapter.
289		-	(b) An applicant may not waive a deadline or other approval
290		-	procedure or any other provision or requirement under this
291		-	subchapter.
292		-	Sec. 212.0099. JUDICIAL REVIEW OF DISAPPROVAL. In a legal
293		-	action challenging a disapproval of a land development application
294		-	[plan or plat] under this subchapter, the municipality has the
295		-	burden of proving by clear and convincing evidence that the
296		-	disapproval meets the requirements of this subchapter or any
297		-	applicable case law. The court may not use a deferential standard.
298		-	SECTION 7. Subchapter A, Chapter 232, Local Government
299		-	Code, is amended by adding Section 232.0001 to read as follows:
300		-	Sec. 232.0001. DEFINITIONS. In this subchapter:
301		-	(1) "Land development" means an activity relating to
302		-	the development or redevelopment of land, including subdivision
303		-	development, construction of subdivision improvements, site
304		-	development, and development of on-site and off-site improvements.
305		-	(2) "Land development application" means an
306		-	application or other document relating to land development under
307		-	this chapter that is required to be approved by the commissioners
308		-	court or the court's designee before the land development may
309		-	commence. The term includes a title or description used by counties
310		-	to refer to those applications or other documents, including
311		-	"preliminary plat," "plat," "final plat," and "replat." The term
312		-	does not include:
313		-	(A) an application or other document for which
314		-	approval by the commissioners court or the court's designee does
315		-	not authorize the land development to commence; and
316		-	(B) a subdivision construction plan, subdivision
317		-	engineering plan, or similar or related plan.
318		-	(3) "Required document" means a document required by
319		-	law for the approval of a land development application. The term
320		-	includes groundwater availability certifications required under
321		-	Section 232.0032, if applicable.
322		-	(4) "Submit" means the act by a person of providing,
323		-	delivering, or relaying by any means a copy of a land development
324		-	application to the commissioners court or the court's designee.
325		-	The term includes all variations of the term, including "submitted"
326		-	and "submitting." The term does not include the acceptance,
327		-	acknowledgment, receipt, processing, or performance of a
328		-	completeness check of the land development application or required
329		-	document or any other action by the commissioners court or the
330		-	court's designee in response to the submission of a copy of the land
331		-	development application.
332		-	SECTION 8. Section 232.0023, Local Government Code, is
333		-	amended to read as follows:
334		-	Sec. 232.0023. APPROVAL PROCEDURE: APPLICABILITY. The land
335		-	development [plat] application approval procedures under this
336		-	subchapter apply to a county regardless of whether the county has
	29	+	municipality.
	30	+	(b) Except as provided by Section 212.0101, a municipal
	31	+	planning commission or the governing body of the municipality may
	32	+	not require a person to submit or obtain approval of a required
	33	+	planning document or fulfill any other prerequisites or conditions
	34	+	before the person files a copy of the plan or plat with the
	35	+	municipal planning commission or governing body.
	36	+	(c) A municipal planning commission or the governing body of
	37	+	the municipality may approve a plan or plat on the condition that
	38	+	the applicant must also submit or obtain approval of certain
	39	+	required planning documents after the plat application is filed.
	40	+	If the municipal planning commission or the governing body of the
	41	+	municipality conditionally approves a plan or plat on such a
	42	+	condition, the municipality's approval process for each individual
	43	+	required planning document shall also be subject to the same
	44	+	procedures and timelines as those prescribed for plans or plats
	45	+	under Sections 212.009, 212.0091, 212.0093, 212.0095, and
	46	+	212.0096, with the exception that the municipal planning commission
	47	+	or the governing body of the municipality may only approve or
	48	+	disapprove, but may not conditionally approve, each individual
	49	+	required planning document.
	50	+	SECTION 3. Section 212.0085, Local Government Code, is
	51	+	amended by amending the heading and adding Subsections (b), (c),
	52	+	and (d) to read as follows:
	53	+	Sec. 212.0085. APPROVAL AND BIFURCATED APPROVAL PROCEDURE:
	54	+	APPLICABILITY. (a) The approval procedures under this subchapter
	55	+	apply to a municipality regardless of whether the municipality has
337	56		entered into an interlocal agreement, including an interlocal
338	57		agreement between a municipality and county under Section
339	58		242.001(d).
340		-	SECTION 9. Subchapter A, Chapter 232, Local Government
341		-	Code, is amended by adding Sections 232.00235 and 232.0024 to read
342		-	as follows:
343		-	Sec. 232.00235. APPROVAL PROCEDURE: REQUIRED DOCUMENTS AND
344		-	CONDITIONAL APPROVAL. (a) A person desiring approval of a land
345		-	development application may submit required documents with the
346		-	application or after submitting the application. If the person
347		-	elects to submit the documents afterwards, the commissioners court
348		-	or the court's designee may conditionally approve the application
349		-	on the condition that the applicant submit the documents in
350		-	accordance with Subsection (c).
351		-	(b) An election by a person to submit the required documents
352		-	after submitting a land development application is not grounds for
353		-	the commissioners court or the court's designee to:
354		-	(1) refuse to accept, acknowledge, receive, or process
355		-	the application or documents;
356		-	(2) disapprove the application or documents;
357		-	(3) consider the application or documents incomplete;
358		-	or
359		-	(4) refuse to comply with the procedures and timelines
360		-	prescribed for land development applications and required
361		-	documents under this subchapter with respect to the person's
362		-	application and documents.
363		-	(c) The commissioners court or court's designee that
364		-	conditionally approves a land development application under
365		-	Subsection (a) must:
366		-	(1) make an approval determination on each individual
367		-	required document under the same approval procedures and timelines
368		-	as those prescribed for a land development application under this
369		-	subchapter;
370		-	(2) approve or disapprove, but not conditionally
371		-	approve, each individual required document;
372		-	(3) provide to the applicant comments on a required
373		-	document not later than the 30th day after the date the applicant
374		-	submits the document; and
375		-	(4) make an approval determination on a required
376		-	document not later than the 60th day after the date the applicant
377		-	submits the document.
378		-	(d) On disapproval of a required document, an applicant may
379		-	submit to the commissioners court or the court's designee a written
380		-	response that remedies each reason for disapproval. The
381		-	commissioners court or the court's designee may not establish a
382		-	deadline for the applicant to submit the response.
383		-	(e) On receipt of a response under Subsection (d), a
384		-	commissioners court or the court's designee shall determine whether
385		-	to approve or disapprove the applicant's previously disapproved
386		-	required document not later than the 15th day after the date the
387		-	applicant submits the response.
388		-	Sec. 232.0024. APPROVAL PROCEDURE: BIFURCATED APPROVAL.
389		-	(a) After receiving a request from at least five applicants and
390		-	conducting a public hearing on the matter at which interested
391		-	parties must be heard, a county shall establish a bifurcated
	59	+	(b) After receiving a request from at least five applicants
	60	+	and conducting a public hearing on the matter at which interested
	61	+	parties shall be heard, a municipality shall establish a bifurcated
392	62		approval procedure under this subchapter, including a phased
393		-	approach to the approval of a land development application.
394		-	(b) Each phase of a bifurcated approval procedure adopted
395		-	under Subsection (a) must be subject to the approval procedures
396		-	prescribed by this subchapter.
397		-	(c) An applicant may, but is not required to, opt in to the
398		-	bifurcated approval procedure established by a county under
399		-	Subsection (a).
400		-	SECTION 10. The heading to Section 232.0025, Local
401		-	Government Code, is amended to read as follows:
402		-	Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF
403		-	APPLICATIONS AND REQUIRED DOCUMENTS [PLATS AND PLANS].
404		-	SECTION 11. Section 232.0025, Local Government Code, is
405		-	amended by amending Subsections (a), (b), (c), (d), (f), (g), (h),
406		-	and (i) and adding Subsections (b-1), (b-2), and (b-3) to read as
407		-	follows:
408		-	(a) The commissioners court of a county or a person
409		-	designated by the commissioners court shall issue a written list or
410		-	publication of the required documents [documentation] and other
411		-	information that must be submitted with a land development [plat]
412		-	application. The documentation or other information must relate to
413		-	a requirement authorized under this section or other applicable law
414		-	and have been adopted as a requirement by the county by order. An
415		-	application submitted to the commissioners court or the person
416		-	designated by the commissioners court that contains the documents
417		-	and other information on the list is considered complete.
418		-	(b) If a person submits a land development [plat]
419		-	application to the commissioners court that does not include all of
420		-	the required documents [documentation] or other information
421		-	required by Subsection (a), the commissioners court or the court's
422		-	designee shall, not later than the 10th business day after the date
423		-	the commissioners court receives the application, notify the
424		-	applicant of the missing documents or other information. The
425		-	commissioners court shall allow an applicant to timely submit the
426		-	missing documents or other information.
427		-	(b-1) Except as provided by Section 232.0032, a
428		-	commissioners court or the court's designee may not require a
429		-	person to submit a required document or fulfill any other
430		-	prerequisites or conditions before the person submits a copy of a
431		-	land development application.
432		-	(b-2) A commissioners court or the court's designee may not
433		-	require a person to submit new or additional required documents for
434		-	which the requirements of Subsection (a) have not been met.
435		-	(b-3) A commissioners court or the court's designee may not,
436		-	on the grounds that a person has failed to submit for a land
437		-	development application a required document for which the
438		-	requirements of Subsection (a) have not been met:
439		-	(1) refuse to accept, acknowledge, receive, or process
440		-	the application or other required documents;
441		-	(2) disapprove the application or other required
442		-	documents;
443		-	(3) consider the application or other required
444		-	documents incomplete; or
445		-	(4) refuse to comply with the procedures and timelines
446		-	prescribed for land development applications and required
447		-	documents under this subchapter with respect to the application and
448		-	documents.
449		-	(c) An application is considered complete when all required
450		-	documents [documentation] or other information required by
451		-	Subsection (a) is received. Acceptance by the commissioners court
452		-	or the court's designee of a completed land development [plat]
453		-	application with the required documents [documentation] or other
454		-	information required by Subsection (a) shall not be construed as
455		-	approval of the documentation or other information.
456		-	(d) Except as provided by Subsection (f), the commissioners
457		-	court or the court's designee shall approve, approve with
458		-	conditions, or disapprove a land development [plat] application not
459		-	later than the 30th day after the date the completed application is
460		-	received by the commissioners court or the court's designee. An
461		-	application is approved by the commissioners court or the court's
462		-	designee unless the application is disapproved within that period
463		-	and in accordance with Section 232.0026.
464		-	(f) The 30-day period under Subsection (d):
465		-	(1) may be extended for a period not to exceed 30 days,
466		-	if:
467		-	(A) requested and agreed to in writing by the
468		-	applicant and approved by the commissioners court or the court's
469		-	designee; or
470		-	(B) Chapter 2007, Government Code, requires the
471		-	county to perform a takings impact assessment in connection with
472		-	the land development [plat] application; and
473		-	(2) applies only to a decision wholly within the
474		-	control of the commissioners court or the court's designee.
475		-	(g) The commissioners court or the court's designee shall
476		-	make the determination under Subsection (f)(1) of whether the
477		-	30-day period will be extended not later than the 20th day after the
478		-	date a completed land development [plat] application is received by
479		-	the commissioners court or the court's designee.
480		-	(h) The commissioners court or the court's designee may not
481		-	require an applicant to waive the time limits or approval procedure
482		-	contained in this subchapter. An applicant may not waive the time
483		-	limits or approval procedures contained in this subchapter.
484		-	(i) If the commissioners court or the court's designee fails
485		-	to approve, approve with conditions, or disapprove a land
486		-	development [plat] application as required by this subchapter:
487		-	(1) the commissioners court shall refund the greater
488		-	of the unexpended portion of any application fee or deposit or 50
489		-	percent of an application fee or deposit that has been paid;
490		-	(2) the application is granted by operation of law;
491		-	and
492		-	(3) the applicant may apply to a district court in the
493		-	county where the tract of land is located for a writ of mandamus to
494		-	compel the commissioners court to issue documents recognizing the
495		-	land development [plat] application's approval.
496		-	SECTION 12. Section 232.0026(a), Local Government Code, is
497		-	amended to read as follows:
498		-	(a) A commissioners court or designee that conditionally
499		-	approves or disapproves of a land development [plat] application
500		-	under this subchapter shall provide the applicant a written
501		-	statement of the conditions for the conditional approval or the
502		-	reasons for disapproval that clearly articulates each specific
503		-	condition for the conditional approval or reason for disapproval.
504		-	SECTION 13. Sections 232.0027 and 232.0028, Local
505		-	Government Code, are amended to read as follows:
506		-	Sec. 232.0027. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
507		-	CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
508		-	approval or disapproval of a land development [plat] application
509		-	under Section 232.0026, the applicant may submit to the
510		-	commissioners court or designee that conditionally approved or
511		-	disapproved the application a written response that satisfies each
512		-	condition for the conditional approval or remedies each reason for
513		-	disapproval provided. The commissioners court or designee may not
514		-	establish a deadline for an applicant to submit the response.
515		-	Sec. 232.0028. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
516		-	OF RESPONSE. (a) A commissioners court or designee that receives a
517		-	response under Section 232.0027 shall determine whether to approve
518		-	or disapprove the applicant's previously conditionally approved or
519		-	disapproved land development [plat] application not later than the
520		-	15th day after the date the response was submitted under Section
521		-	232.0027.
522		-	(b) A commissioners court or designee that conditionally
523		-	approves or disapproves a land development [plat] application
524		-	following the submission of a response under Section 232.0027:
525		-	(1) must comply with Section 232.0026; and
526		-	(2) may disapprove the application only for a specific
527		-	condition or reason provided to the applicant for the original
528		-	application under Section 232.0026.
529		-	(c) A commissioners court or designee that receives a
530		-	response under Section 232.0027 shall approve a previously
531		-	conditionally approved or disapproved land development [plat]
532		-	application if the applicant's response adequately addresses each
533		-	condition for the conditional approval or each reason for the
534		-	disapproval.
535		-	(d) A previously conditionally approved or disapproved land
536		-	development [plat] application is approved if:
537		-	(1) the applicant submitted [filed] a response that
538		-	meets the requirements of Subsection (c); and
539		-	(2) the commissioners court or designee that received
540		-	the response does not disapprove the application on or before the
541		-	date required by Subsection (a) and in accordance with Section
542		-	232.0026.
543		-	SECTION 14. Section 232.0029, Local Government Code, is
544		-	amended to read as follows:
545		-	Sec. 232.0029. JUDICIAL REVIEW OF DISAPPROVAL. In a legal
546		-	action challenging a disapproval of a land development [plat]
547		-	application under this subchapter, the county has the burden of
548		-	proving by clear and convincing evidence that the disapproval meets
549		-	the requirements of this subchapter or any applicable case law. The
550		-	court may not use a deferential standard.
551		-	SECTION 15. Section 212.001(2), Local Government Code, is
552		-	repealed.
553		-	SECTION 16. The changes in law made by this Act apply only
554		-	to a land development application submitted on or after the
555		-	effective date of this Act. An application submitted before the
556		-	effective date of this Act is governed by the law in effect
557		-	immediately before the effective date of this Act, and that law is
558		-	continued in effect for that purpose.
559		-	SECTION 17. This Act takes effect September 1, 2021.
	63	+	approach to the approval of a preliminary plan or plat and a final
	64	+	plan or plat.
	65	+	(c) Each phase of a bifurcated approval procedure adopted
	66	+	under subsection (b) shall be subject to the approval procedures in
	67	+	Sections 212.009, 212.0091, 212.0093, and 212.0095.
	68	+	(d) An applicant may, but is not required to, opt-in to the
	69	+	bifurcated approval procedure established by the municipality
	70	+	under subsection (b).
	71	+	SECTION 4. Subchapter A, Chapter 232, Local Government
	72	+	Code, is amended by adding Section 232.0001 to read as follows:
	73	+	Sec. 232.0001. DEFINITIONS. In this subchapter:
	74	+	(4) "Required planning document" means a document
	75	+	required by the county or state or federal law for the approval of a
	76	+	plan or plat. The term includes, as applicable:
	77	+	(A) associated drainage studies;
	78	+	(B) traffic impact analyses;
	79	+	(C) utility evaluations;
	80	+	(D) geotechnical reports;
	81	+	(E) federal permits such as Federal Emergency
	82	+	Management Agency Conditional Letters of Map Revision and Letters
	83	+	of Map Revision; and
	84	+	(F) groundwater availability certifications
	85	+	required under Section 212.0101.
	86	+	SECTION 5. Section 232.0025, Local Government Code, is
	87	+	amended by adding Subsections (b-1) and (b-2) to read as follows:
	88	+	(b-1) Except as provided by Section 232.0032, a county may
	89	+	not require a person desiring approval of a plat to submit or obtain
	90	+	approval of a required planning document or otherwise fulfill any
	91	+	prerequisites or conditions before filing a copy of the plat
	92	+	application with the commissioners court or the court's designee.
	93	+	(b-2) A commissioners court or the court's designee may
	94	+	conditionally approve a plat application on the condition that the
	95	+	applicant must also submit or obtain approval of certain required
	96	+	planning documents after the plat application is filed. If
	97	+	commissioners court or the court's designee conditionally approves
	98	+	a plat application on such a condition, the county's approval
	99	+	process for each individual required planning document shall also
	100	+	be subject to the same procedures and timelines as those prescribed
	101	+	for plat applications under Sections 232.0025, 232.0026, 232.0027,
	102	+	and 232.0028, with the exception that the commissioners court or
	103	+	the court's deignee may only approve or disapprove, but may not
	104	+	conditionally approve, each individual required planning document.
	105	+	SECTION 6. Section 232.0023, Local Government Code, is
	106	+	amended by amending the heading and adding Subsections (b), (c),
	107	+	and (d) to read as follows:
	108	+	Sec. 232.0023. APPROVAL AND BIFURCATED APPROVAL PROCEDURE:
	109	+	APPLICABILITY. (a) The plat application approval procedures under
	110	+	this subchapter apply to a county regardless of whether the county
	111	+	has entered into an interlocal agreement, including an interlocal
	112	+	agreement between a municipality and county under Section
	113	+	242.001(d).
	114	+	(b) After receiving a request from at least five applicants
	115	+	and conducting a public hearing on the matter at which interested
	116	+	parties shall be heard, a county shall establish a bifurcated
	117	+	approval procedure under this subchapter, including a phased
	118	+	approach to the approval of a preliminary plat and a final plat.
	119	+	(c) Each phase of a bifurcated approval procedure adopted
	120	+	under subsection (b) shall be subject to the approval procedures in
	121	+	Sections 232.0025, 232.0026, 232.0027, and 232.0028.
	122	+	(d) An applicant may, but is not required to, opt-in to the
	123	+	bifurcated approval procedure established by the county under
	124	+	subsection (b).
	125	+	SECTION 7. The change in law made by this Act applies only
	126	+	to a plan or plat application filed on or after the effective date
	127	+	of this Act. A plan or plat application filed before the effective
	128	+	date of this Act is governed by the law in effect immediately before
	129	+	the effective date of this Act, and that law is continued in effect
	130	+	for that purpose.
	131	+	SECTION 8. This Act takes effect September 1, 2021.