Texas 2023 - 88th Regular

Texas House Bill HB3697 Compare Versions

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1	1	H.B. No. 3697
2	2
3	3
4	4	AN ACT
5	5	relating to county regulation of subdivisions and approval of
6	6	subdivision plans or plats.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 232.001, Local Government Code, is
9	9	amended by amending Subsection (a) and adding Subsections (g) and
10	10	(h) to read as follows:
11	11	(a) The owner of a tract of land located outside the limits
12	12	of a municipality must have a plat of the subdivision prepared if
13	13	the owner divides the tract into two or more parts to lay out:
14	14	(1) a subdivision of the tract, including an addition;
15	15	(2) lots; or
16	16	(3) streets, alleys, squares, parks, or other parts of
17	17	the tract intended by the owner of the tract to be dedicated to
18	18	public use [or for the use of purchasers or owners of lots fronting
19	19	on or adjacent to the streets, alleys, squares, parks, or other
20	20	parts].
21	21	(g) A plat is considered filed on the date the applicant
22	22	submits the plat, along with a completed plat application and the
23	23	application fees and other requirements prescribed by or under this
24	24	subchapter, to:
25	25	(1) the commissioners court; or
26	26	(2) the county authority responsible for approving
27	27	plats.
28	28	(h) The commissioners court or the county authority
29	29	responsible for approving plats may not require an analysis, study,
30	30	document, agreement, or similar requirement to be included in or as
31	31	part of an application for a plat, development permit, or
32	32	subdivision of land that is not explicitly required by state law.
33	33	SECTION 2. Subchapter A, Chapter 232, Local Government
34	34	Code, is amended by adding Sections 232.0012 and 232.0022 to read as
35	35	follows:
36	36	Sec. 232.0012. CONSTRUCTION OF SUBCHAPTER. This subchapter
37	37	may not be construed to restrict a county from establishing a
38	38	submittal calendar to be used by an applicant to facilitate
39	39	compliance with the approval process described by Sections
40	40	232.0025, 232.0026, 232.0027, and 232.0028.
41	41	Sec. 232.0022. DELEGATION OF APPROVAL RESPONSIBILITY. (a)
42	42	The commissioners court of a county or the court's designee may
43	43	designate to one or more officers or employees of the county the
44	44	authority to approve, approve with conditions, or disapprove a
45	45	plat.
46	46	(b) An applicant has the right to appeal to the
47	47	commissioners court or the court's designee if the designated
48	48	person or persons disapprove a plat.
49	49	SECTION 3. The heading to Section 232.0025, Local
50	50	Government Code, is amended to read as follows:
51	51	Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF PLATS
52	52	[AND PLANS].
53	53	SECTION 4. Section 232.0025, Local Government Code, is
54	54	amended by amending Subsections (a), (b), (c), (d), (f), (g), (h),
55	55	and (i) and adding Subsection (f-1) to read as follows:
56	56	(a) The commissioners court of a county or a person
57	57	designated by the commissioners court shall issue a written list of
58	58	all [the] documentation and other information that must be
59	59	submitted with a plat application. The documentation or other
60	60	information must relate to a requirement authorized under this
61	61	section or other applicable law. An application submitted to the
62	62	commissioners court or the person designated by the commissioners
63	63	court that contains all [the] documents and other information on
64	64	the written list is considered complete. The commissioners court
65	65	shall post and continuously maintain the most current version of
66	66	the list on the county's Internet website.
67	67	(b) If a person submits a plat application to the
68	68	commissioners court that does not include all of the documentation
69	69	or other information required by Subsection (a), the commissioners
70	70	court or the county authority responsible for approving plats
71	71	[court's designee] shall, not later than the 10th business day
72	72	after the date the commissioners court receives the application,
73	73	notify the applicant of the missing documents or other information.
74	74	The commissioners court shall allow an applicant to timely submit
75	75	the missing documents or other information.
76	76	(c) An application is considered complete when all
77	77	documentation or other information required by Subsection (a) is
78	78	received. Acceptance by the commissioners court or the county
79	79	authority responsible for approving plats [court's designee] of a
80	80	completed plat application with the documentation or other
81	81	information required by Subsection (a) shall not be construed as
82	82	approval of the documentation or other information.
83	83	(d) Except as provided by Subsection (f), the commissioners
84	84	court or the county authority responsible for approving plats
85	85	[court's designee] shall approve, approve with conditions, or
86	86	disapprove a plat application not later than the 30th day after the
87	87	date the completed application is received by the commissioners
88	88	court or the county authority [court's designee]. An application is
89	89	approved by the commissioners court or the county authority
90	90	[court's designee] unless the application is disapproved within
91	91	that period and in accordance with Section 232.0026.
92	92	(f) The 30-day period under Subsection (d):
93	93	(1) for a purpose related to Chapter 2007, Government
94	94	Code, may be extended for a period not to exceed 30 days, if:
95	95	(A) requested and agreed to in writing by the
96	96	applicant and approved by the commissioners court or the county
97	97	authority responsible for approving plats [court's designee]; or
98	98	(B) Chapter 2007, Government Code, requires the
99	99	county to perform a takings impact assessment in connection with
100	100	the plat application; or [and]
101	101	(2) for a purpose unrelated to Chapter 2007,
102	102	Government Code, may be extended for one or more periods, not to
103	103	exceed 30 days, if requested and agreed to in writing by the
104	104	applicant and approved by the commissioners court or the county
105	105	authority.
106	106	(f-1) The 30-day period under Subsection (d) applies only to
107	107	a decision wholly within the control of the commissioners court or
108	108	the county authority responsible for approving plats [court's
109	109	designee].
110	110	(g) The commissioners court or the county authority
111	111	responsible for approving plats [court's designee] shall make the
112	112	determination under Subsection (f)(1) of whether the 30-day period
113	113	will be extended not later than the 20th day after the date a
114	114	completed plat application is received by the commissioners court
115	115	or the county authority [court's designee].
116	116	(h) The commissioners court or the county authority
117	117	responsible for approving plats [court's designee] may not require
118	118	an applicant to waive the time limits or approval procedure
119	119	contained in this subchapter.
120	120	(i) If the commissioners court or the county authority
121	121	responsible for approving plats [court's designee] fails to
122	122	approve, approve with conditions, or disapprove a plat application
123	123	as required by this subchapter:
124	124	(1) the commissioners court shall refund the greater
125	125	of the unexpended portion of any application fee or deposit or 50
126	126	percent of an application fee or deposit that has been paid;
127	127	(2) the application is granted by operation of law;
128	128	[and]
129	129	(3) the applicant may apply to a district court in the
130	130	county where the tract of land is located for a writ of mandamus to
131	131	compel the commissioners court to issue documents recognizing the
132	132	plat application's approval;
133	133	(4) the applicant shall recover reasonable attorney's
134	134	fees and court costs incurred in bringing an action under
135	135	Subdivision (3) if the applicant prevails; and
136	136	(5) the county may recover reasonable attorney's fees
137	137	and court costs incurred in an action brought under Subdivision (3)
138	138	if the county prevails and the court finds the action is frivolous.
139	139	SECTION 5. Section 232.0026(a), Local Government Code, is
140	140	amended to read as follows:
141	141	(a) A commissioners court or county authority responsible
142	142	for approving plats [designee] that conditionally approves or
143	143	disapproves of a plat application under this subchapter shall
144	144	provide the applicant a written statement of the conditions for the
145	145	conditional approval or the reasons for disapproval that clearly
146	146	articulates each specific condition for the conditional approval or
147	147	reason for disapproval.
148	148	SECTION 6. Sections 232.0027 and 232.0028, Local Government
149	149	Code, are amended to read as follows:
150	150	Sec. 232.0027. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
151	151	CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
152	152	approval or disapproval of a plat application under Section
153	153	232.0026, the applicant may submit to the commissioners court or
154	154	county authority responsible for approving plats [designee] that
155	155	conditionally approved or disapproved the application a written
156	156	response that satisfies each condition for the conditional approval
157	157	or remedies each reason for disapproval provided. The
158	158	commissioners court or county authority [designee] may not
159	159	establish a deadline for an applicant to submit the response.
160	160	Sec. 232.0028. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
161	161	OF RESPONSE. (a) A commissioners court or county authority
162	162	responsible for approving plats [designee] that receives a response
163	163	under Section 232.0027 shall determine whether to approve or
164	164	disapprove the applicant's previously conditionally approved or
165	165	disapproved plat application not later than the 15th day after the
166	166	date the response was submitted under Section 232.0027.
167	167	(b) A commissioners court or county authority responsible
168	168	for approving plats [designee] that conditionally approves or
169	169	disapproves a plat application following the submission of a
170	170	response under Section 232.0027:
171	171	(1) must comply with Section 232.0026; and
172	172	(2) may disapprove the application only for a specific
173	173	condition or reason provided to the applicant for the original
174	174	application under Section 232.0026.
175	175	(c) A commissioners court or county authority responsible
176	176	for approving plats [designee] that receives a response under
177	177	Section 232.0027 shall approve a previously conditionally approved
178	178	or disapproved plat application if the applicant's response
179	179	adequately addresses each condition for the conditional approval or
180	180	each reason for the disapproval.
181	181	(d) A previously conditionally approved or disapproved plat
182	182	application is approved if:
183	183	(1) the applicant filed a response that meets the
184	184	requirements of Subsection (c); and
185	185	(2) the commissioners court or county authority
186	186	responsible for approving plats [designee] that received the
187	187	response does not disapprove the application on or before the date
188	188	required by Subsection (a) and in accordance with Section 232.0026.
189	189	SECTION 7. Section 232.0033, Local Government Code, is
190	190	amended by adding Subsection (c) to read as follows:
191	191	(c) The commissioners court of a county or the court's
192	192	designee may not refuse to review a plat application or refuse to
193	193	approve a plat for recordation for failure to identify a corridor,
194	194	as defined by Section 201.619, Transportation Code, unless the
195	195	corridor is part of an agreement between the Texas Department of
196	196	Transportation and the county under that section.
197	197	SECTION 8. Section 232.0025(d-1), Local Government Code, is
198	198	repealed.
199	199	SECTION 9. As soon as practicable after the effective date
200	200	of this Act but not later than January 1, 2024, each county shall
201	201	adopt and publish the list described by Section 232.0025, Local
202	202	Government Code, as amended by this Act.
203	203	SECTION 10. The changes in law made by this Act apply only
204	204	to a plat application submitted on or after the effective date of
205	205	this Act. A plat application submitted before the effective date of
206	206	this Act is governed by the law in effect on the date the
207	207	application was submitted, and that law is continued in effect for
208	208	that purpose.
209	209	SECTION 11. This Act takes effect September 1, 2023.
210	210	______________________________ ______________________________
211	211	President of the Senate Speaker of the House
212	212	I certify that H.B. No. 3697 was passed by the House on May 9,
213	213	2023, by the following vote: Yeas 128, Nays 14, 2 present, not
214	214	voting; that the House refused to concur in Senate amendments to
215	215	H.B. No. 3697 on May 23, 2023, and requested the appointment of a
216	216	conference committee to consider the differences between the two
217	217	houses; and that the House adopted the conference committee report
218	218	on H.B. No. 3697 on May 28, 2023, by the following vote: Yeas 119,
219	219	Nays 24, 1 present, not voting.
220	220	______________________________
221	221	Chief Clerk of the House
222	222	I certify that H.B. No. 3697 was passed by the Senate, with
223	223	amendments, on May 19, 2023, by the following vote: Yeas 30, Nays
224	224	1; at the request of the House, the Senate appointed a conference
225	225	committee to consider the differences between the two houses; and
226	226	that the Senate adopted the conference committee report on H.B. No.
227	227	3697 on May 28, 2023, by the following vote: Yeas 19, Nays 12.
228	228	______________________________
229	229	Secretary of the Senate
230	230	APPROVED: __________________
231	231	Date
232	232	__________________
233	233	Governor