| 1 | 1 | | 87S20923 SCL-F |
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| 2 | 2 | | By: Hughes S.B. No. 84 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to approval of certain land development applications by a |
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| 8 | 8 | | municipality or county. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 212.009, Local Government Code, is |
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| 11 | 11 | | amended by adding Subsection (a-1) to read as follows: |
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| 12 | 12 | | (a-1) Unless specifically authorized by another law of this |
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| 13 | 13 | | state, a municipal planning commission or the governing body of the |
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| 14 | 14 | | municipality may not: |
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| 15 | 15 | | (1) require a person to fulfill any prerequisites or |
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| 16 | 16 | | conditions or obtain any approvals before the person files a copy of |
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| 17 | 17 | | the plan or plat with the municipal planning commission or |
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| 18 | 18 | | governing body; |
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| 19 | 19 | | (2) delay the starting date for calculating any |
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| 20 | 20 | | applicable timeframe under this chapter to approve or disapprove a |
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| 21 | 21 | | plan or plat by not considering the date the plan or plat was filed |
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| 22 | 22 | | as the starting date; or |
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| 23 | 23 | | (3) refuse to accept, acknowledge, process, or act on |
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| 24 | 24 | | a filed copy of the plan or plat. |
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| 25 | 25 | | SECTION 2. The heading to Section 232.00285, Local |
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| 26 | 26 | | Government Code, is amended to read as follows: |
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| 27 | 27 | | Sec. 232.00285. APPROVAL PROCEDURE: LIMITATIONS ON COUNTY |
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| 28 | 28 | | AUTHORITY [DEVELOPMENT PLAN REVIEW]. |
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| 29 | 29 | | SECTION 3. Section 232.00285, Local Government Code, is |
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| 30 | 30 | | amended by adding Subsection (a-1) to read as follows: |
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| 31 | 31 | | (a-1) Unless specifically authorized by another law of this |
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| 32 | 32 | | state, the commissioners court of a county or the court's designee |
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| 33 | 33 | | may not: |
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| 34 | 34 | | (1) require a person to submit or obtain approval of |
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| 35 | 35 | | any documentation or other information or fulfill any other |
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| 36 | 36 | | prerequisites or conditions before the person submits a plat |
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| 37 | 37 | | application or development plan application to the commissioners |
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| 38 | 38 | | court or the court's designee; |
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| 39 | 39 | | (2) delay the starting date for calculating any |
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| 40 | 40 | | applicable timeframe under this chapter to approve or disapprove |
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| 41 | 41 | | the plat application or development plan application by not |
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| 42 | 42 | | considering the date the application was filed as the starting |
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| 43 | 43 | | date; or |
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| 44 | 44 | | (3) refuse to accept, acknowledge, process, or act on |
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| 45 | 45 | | a submitted or received plat application or development plan |
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| 46 | 46 | | application. |
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| 47 | 47 | | SECTION 4. Section 212.009(a-1), Local Government Code, as |
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| 48 | 48 | | added by this Act, applies only to a plan or plat filed on or after |
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| 49 | 49 | | the effective date of this Act. |
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| 50 | 50 | | SECTION 5. Section 232.00285(a-1), Local Government Code, |
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| 51 | 51 | | as added by this Act, applies only to a plat application or |
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| 52 | 52 | | development plan application submitted on or after the effective |
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| 53 | 53 | | date of this Act. |
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| 54 | 54 | | SECTION 6. This Act takes effect on the 91st day after the |
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| 55 | 55 | | last day of the legislative session. |
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