Texas 2023 - 88th Regular

Texas House Bill HB2018 Compare Versions

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1	1	By: Muñoz, Jr. H.B. No. 2018
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.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 250, Subtitle C, Title 7, Local
9	9	Government Code, is amended by adding Section 250.010 to read as
10	10	follows:
11	11	Sec. 250.010. PROMPT APPROVAL OF LAND DEVELOPMENT
12	12	APPLICATIONS. (a) For purposes of this section:
13	13	(1) "land development" means any activity relating to
14	14	the development or redevelopment of land including, but not limited
15	15	to, subdivision development, construction of subdivision
16	16	improvements, site plan development, development of on-site or
17	17	off-site improvements, and a project within the meaning of Sec.
18	18	245.001(3).
19	19	(2) "land development application" means an
20	20	application for subdivision development plan, a subdivision plan,
21	21	subdivision construction plan, a site development concept plan, a
22	22	site plan, a site development plan, an application submitted under
23	23	Chapter 212 or Chapter 232, and any other application relating to
24	24	land development, excluding only an application for zoning under
25	25	Chapter 211 or an application to amend a comprehensive plan under
26	26	Chapter 213.
27	27	(b) A political subdivision shall approve, approve with
28	28	conditions, or disapprove a land development application within 30
29	29	days after the date the land development application is filed. A
30	30	land development application is approved by the political
31	31	subdivision unless it is disapproved within that period.
32	32	(c) Notwithstanding Subsection (b), the political
33	33	subdivision may extend the 30-day period described by that
34	34	subsection for a period not to exceed 30 days if:
35	35	(1) the applicant requests the extension in writing to
36	36	the political subdivision responsible for approving the land
37	37	development application; and
38	38	(2) the political subdivision approves the extension
39	39	request.
40	40	(d) If the political subdivision responsible for reviewing
41	41	the land development application fails to approve, approve with
42	42	conditions, or disapprove the land development application within
43	43	the prescribed period, the political subdivision on the applicant's
44	44	request shall issue a certificate stating the date the land
45	45	development application was filed and that the political
46	46	subdivision failed to act on the land development application
47	47	within the prescribed period. The certificate shall serve as a
48	48	permit approving the land development application.
49	49	(e) A political subdivision that conditionally approves or
50	50	disapproves a land development application shall provide the
51	51	applicant a written statement of the conditions for the conditional
52	52	approval or reasons for disapproval that clearly articulates each
53	53	specific condition for the conditional approval or reason for
54	54	disapproval. Each condition or reason specified in the written
55	55	statement:
56	56	(1) must:
57	57	(A) be directly related to the requirements under
58	58	this section; and
59	59	(B) include a citation to the law, including a
60	60	statute or municipal ordinance, that is the basis for the
61	61	conditional approval or disapproval, if applicable; and
62	62	(2) may not be arbitrary.
63	63	(f) After the conditional approval or disapproval of a land
64	64	development application under this section, the applicant may
65	65	submit to the political subdivision that conditionally approved or
66	66	disapproved the land development application a written response
67	67	that satisfies each condition for the conditional approval or
68	68	remedies each reason for disapproval provided. The political
69	69	subdivision may not establish a deadline for an applicant to submit
70	70	the response.
71	71	(g) A political subdivision that receives a response under
72	72	Subsection (f) shall determine whether to approve or disapprove the
73	73	applicant's previously conditionally approved or disapproved land
74	74	development application not later than the 15th day after the date
75	75	the response was submitted.
76	76	(h) A political subdivision that conditionally approves or
77	77	disapproves a plan or plat following the submission of a response
78	78	under Subsection (f):
79	79	(1) must comply with Subsection (g); and
80	80	(2) may disapprove the land development application
81	81	only for a specific condition or reason provided to the applicant
82	82	under Subsection (e).
83	83	(i) A political subdivision that receives a response under
84	84	Subsection (f) shall approve a previously conditionally approved or
85	85	disapproved land development application if the response
86	86	adequately addresses each condition of the conditional approval or
87	87	each reason for the disapproval.
88	88	(j) A previously conditionally approved or disapproved land
89	89	development application is approved if:
90	90	(1) the applicant filed a response that meets the
91	91	requirements of Subsection (f); and
92	92	(2) the municipal authority or governing body that
93	93	received the response does not disapprove the plan or plat on or
94	94	before the date required by Subsection (g).
95	95	(k) A political subdivision responsible for approving land
96	96	development applications may not request or require an applicant to
97	97	waive a deadline or other approval procedure under this section as a
98	98	condition of approval for a land development application.
99	99	(l) An applicant may challenge a conditional approval or
100	100	disapproval of a land development application under this section in
101	101	a county or district court of the county in which the development
102	102	project is located within 30 days of the conditional approval or
103	103	disapproval.
104	104	(m) In a legal action challenging a conditional approval or
105	105	a disapproval of a land development application under this section,
106	106	the political subdivision has the burden of proving by clear and
107	107	convincing evidence that the conditional approval or disapproval
108	108	meets the requirements of this section or 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 land development
114	114	application.
115	115	(o) An applicant who prevails in a legal action challenging
116	116	a conditional approval or a disapproval of a land development
117	117	application under this section is entitled to court costs and
118	118	reasonable attorney's fees, including expert witness fees, to be
119	119	paid by the political subdivision.
120	120	SECTION 2. This Act takes effect September 1, 2023.