H.B. No. 3699
AN ACT
relating to municipal regulation of subdivisions and approval of
subdivision plans or plats.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 212.001(2) and (3), Local Government
Code, are amended to read as follows:
(2) ["Plan" means a subdivision development plan,
including a subdivision plan, subdivision construction plan, site
plan, land development application, and site development plan.
[(3)] "Plat" includes a preliminary plat, [general
plan,] final plat, and replat.
SECTION 2. Subchapter A, Chapter 212, Local Government
Code, is amended by adding Section 212.0015 to read as follows:
Sec. 212.0015. CONSTRUCTION OF SUBCHAPTER. This subchapter
may not be construed to restrict a municipality from establishing a
submittal calendar to be used by an applicant to facilitate
compliance with the approval process described by Sections 212.009,
212.0091, 212.0093, and 212.0095.
SECTION 3. Subchapter A, Chapter 212, Local Government
Code, is amended by adding Section 212.0021 to read as follows:
Sec. 212.0021. SUBDIVISION REQUIREMENTS. The governing
body of a municipality, by ordinance and after notice is published
in a newspaper of general circulation in the municipality, may:
(1) adopt, based on the amount and kind of travel over
each street or road in a subdivision, reasonable specifications
relating to the construction of each street or road; and
(2) adopt reasonable specifications to provide
adequate drainage for each street or road in a subdivision in
accordance with standard engineering practices.
SECTION 4. Section 212.004, Local Government Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(f) and (g) to read as follows:
(a) The owner of a tract of land located within the limits or
in the extraterritorial jurisdiction of a municipality who divides
the tract in two or more parts to lay out a subdivision of the tract,
including an addition to a municipality, to lay out suburban,
building, or other lots, or to lay out streets, alleys, squares,
parks, or other parts of the tract intended by the owner of the
tract to be dedicated to public use [or for the use of purchasers or
owners of lots fronting on or adjacent to the streets, alleys,
squares, parks, or other parts] must have a plat of the subdivision
prepared. A division of a tract under this subsection includes a
division regardless of whether it is made by using a metes and
bounds description in a deed of conveyance or in a contract for a
deed, by using a contract of sale or other executory contract to
convey, or by using any other method. A division of land under this
subsection does not include a division of land into parts greater
than five acres, where each part has access and no public
improvement is being dedicated.
(b) To be recorded, the plat must:
(1) describe the subdivision by metes and bounds;
(2) locate the subdivision with respect to a corner of
the survey or tract or an original corner of the original survey of
which it is a part; and
(3) state the dimensions of the subdivision and of
each street, alley, square, park, or other part of the tract
intended by the owner of the tract to be dedicated to public use [or
for the use of purchasers or owners of lots fronting on or adjacent
to the street, alley, square, park, or other part].
(f) A plat is considered filed on the date the applicant
submits the plat, along with a completed plat application and the
application fees and other requirements prescribed by or under this
subchapter, to:
(1) the governing body of the municipality; or
(2) the municipal authority responsible for approving
plats.
(g) The governing body of a municipality or the municipal
authority responsible for approving plats may not require an
analysis, study, document, agreement, or similar requirement to be
included in or as part of an application for a plat, development
permit, or subdivision of land that is not explicitly allowed by
state law.
SECTION 5. Section 212.005, Local Government Code, is
amended to read as follows:
Sec. 212.005. APPROVAL BY MUNICIPALITY REQUIRED. (a) The
municipal authority responsible for approving plats must approve a
plat or replat that is required to be prepared under this subchapter
and that satisfies the requirements of this subchapter [all
applicable regulations].
(b) This subchapter may not be construed to convey any
authority to a municipality regarding the completeness of an
application or the approval of a plat or replat that is not
explicitly granted by this subchapter.
SECTION 6. Sections 212.0065(a) and (c), Local Government
Code, are amended to read as follows:
(a) The governing body of a municipality or the municipal
planning commission may delegate to one or more officers or
employees of the municipality or of a utility owned or operated by
the municipality the ability to approve, approve with conditions,
or disapprove a plat [:
[(1) amending plats described by Section 212.016;
[(2) minor plats or replats involving four or fewer
lots fronting on an existing street and not requiring the creation
of any new street or the extension of municipal facilities; or
[(3) a replat under Section 212.0145 that does not
require the creation of any new street or the extension of municipal
facilities].
(c) An applicant has the right to appeal to the governing
body of the municipality or the municipal planning commission if
the designated [The] person disapproves a [or persons shall not
disapprove the] plat [and shall be required to refer any plat which
the person or persons refuse to approve to the municipal authority
responsible for approving plats within the time period specified in
Section 212.009].
SECTION 7. Subchapter A, Chapter 212, Local Government
Code, is amended by adding Section 212.0081 to read as follows:
Sec. 212.0081. REQUIRED APPLICATION MATERIALS. (a) Each
municipality to which this subchapter applies shall adopt and make
available to the public a complete, written list of all
documentation and other information that the municipality requires
to be submitted with a plat application. The required documentation
and other information must be related to a requirement authorized
under this subchapter.
(b) An application submitted to the municipal authority
responsible for approving plats that contains all documents and
other information on the list provided under Subsection (a) is
considered complete.
(c) A municipality that operates an Internet website shall
publish and continuously maintain the list described by Subsection
(a) on the Internet website not later than the 30th day after the
date the municipality adopts or amends the list.
(d) A municipality that does not operate an Internet website
shall publish the list described by Subsection (a) on adoption of
the list or an amendment to the list in:
(1) a newspaper of general circulation in the
municipality; and
(2) a public place in the location in which the
governing body of the municipality meets.
SECTION 8. Sections 212.009(a), (b), (b-2), (c), and (d),
Local Government Code, are amended to read as follows:
(a) The municipal authority responsible for approving plats
shall approve, approve with conditions, or disapprove a [plan or]
plat within 30 days after the date the [plan or] plat is filed. A
[plan or] plat is approved by the municipal authority unless it is
disapproved within that period and in accordance with Section
212.0091.
(b) If an ordinance requires that a [plan or] plat be
approved by the governing body of the municipality in addition to
the planning commission, the governing body shall approve, approve
with conditions, or disapprove the [plan or] plat within 30 days
after the date the [plan or] plat is approved by the planning
commission or is approved by the inaction of the commission. A
[plan or] plat is approved by the governing body unless it is
disapproved within that period and in accordance with Section
212.0091.
(b-2) Notwithstanding Subsection (a) or (b), the parties
shall [may] extend the 30-day period described by those subsections
for one or more periods, each [a period] not to exceed 30 days if:
(1) both:
(A) the applicant requests the extension in
writing to the municipal authority responsible for approving plats
or the governing body of the municipality, as applicable; and
(B) [(2)] the municipal authority or governing
body, as applicable, approves the extension request; or
(2) Chapter 2007, Government Code, requires the
municipality to perform a takings impact assessment in connection
with the plan or plat.
(c) If a [plan or] plat is approved, the municipal authority
giving the approval shall endorse the [plan or] plat with a
certificate indicating the approval. The certificate must be signed
by:
(1) the authority's presiding officer and attested by
the authority's secretary; or
(2) a majority of the members of the authority.
(d) If the municipal authority responsible for approving
plats fails to approve, approve with conditions, or disapprove a
[plan or] plat within the prescribed period, the authority on the
applicant's request shall issue a certificate stating the date the
[plan or] plat was filed and that the authority failed to act on the
[plan or] plat within the period. The certificate is effective in
place of the endorsement required by Subsection (c).
SECTION 9. Section 212.0091(a), Local Government Code, is
amended to read as follows:
(a) A municipal authority or governing body that
conditionally approves or disapproves a [plan or] plat under this
subchapter shall provide the applicant a written statement of the
conditions for the conditional approval or reasons for disapproval
that clearly articulates each specific condition for the
conditional approval or reason for disapproval.
SECTION 10. Sections 212.0093, 212.0095, and 212.0096,
Local Government Code, are amended to read as follows:
Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
approval or disapproval of a [plan or] plat under Section 212.0091,
the applicant may submit to the municipal authority or governing
body that conditionally approved or disapproved the [plan or] plat
a written response that satisfies each condition for the
conditional approval or remedies each reason for disapproval
provided. The municipal authority or governing body may not
establish a deadline for an applicant to submit the response.
Sec. 212.0095. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
OF RESPONSE. (a) A municipal authority or governing body that
receives a response under Section 212.0093 shall determine whether
to approve or disapprove the applicant's previously conditionally
approved or disapproved [plan or] plat not later than the 15th day
after the date the response was submitted.
(b) A municipal authority or governing body that
conditionally approves or disapproves a [plan or] plat following
the submission of a response under Section 212.0093:
(1) must comply with Section 212.0091; and
(2) may disapprove the [plan or] plat only for a
specific condition or reason provided to the applicant under
Section 212.0091.
(c) A municipal authority or governing body that receives a
response under Section 212.0093 shall approve a previously
conditionally approved or disapproved [plan or] plat if the
response adequately addresses each condition of the conditional
approval or each reason for the disapproval.
(d) A previously conditionally approved or disapproved
[plan or] plat is approved if:
(1) the applicant filed a response that meets the
requirements of Subsection (c); and
(2) the municipal authority or governing body that
received the response does not disapprove the [plan or] plat on or
before the date required by Subsection (a) and in accordance with
Section 212.0091.
Sec. 212.0096. APPROVAL PROCEDURE: ALTERNATIVE APPROVAL
PROCESS. (a) Notwithstanding Sections 212.009, 212.0091,
212.0093, and 212.0095, an applicant may elect at any time to seek
approval for a [plan or] plat under an alternative approval process
adopted by a municipality if the process allows for a shorter
approval period than the approval process described by Sections
212.009, 212.0091, 212.0093, and 212.0095.
(b) An applicant that elects to seek approval under the
alternative approval process described by Subsection (a) is not:
(1) required to satisfy the requirements of Sections
212.009, 212.0091, 212.0093, and 212.0095 before bringing an action
challenging a disapproval of a [plan or] plat under this
subchapter; and
(2) prejudiced in any manner in bringing the action
described by Subdivision (1), including satisfying a requirement to
exhaust any and all remedies.
SECTION 11. Section 212.0099, Local Government Code, is
amended to read as follows:
Sec. 212.0099. JUDICIAL REVIEW OF DISAPPROVAL. In a legal
action challenging a disapproval of a [plan or] plat under this
subchapter, the municipality has the burden of proving by clear and
convincing evidence that the disapproval meets the requirements of
this subchapter or any applicable case law. The court may not use a
deferential standard.
SECTION 12. Section 212.010, Local Government Code, is
amended by adding Subsections (c), (d), and (e) to read as follows:
(c) The municipal authority responsible for approving plats
may not require the dedication of land within a subdivision for a
future street or alley that is:
(1) not intended by the owner of the tract; and
(2) not included, funded, and approved in:
(A) a capital improvement plan adopted by the
municipality; or
(B) a similar plan adopted by a county in which
the municipality is located or the state.
(d) A municipal authority responsible for approving plats
may not refuse to review a plat or to approve a plat for recordation
for failure to identify a corridor, as defined by Section 201.619,
Transportation Code, unless the corridor is part of an agreement
between the Texas Department of Transportation and a county in
which the municipality is located under that section.
(e) If a municipal authority responsible for approving
plats fails or refuses to approve a plat that meets the requirements
of this subchapter, the owner of the tract that is the subject of
the plat may bring an action in a district court in a county in which
the tract is located for a writ of mandamus to compel the municipal
authority to approve the plat by issuing to the owner applicable
approval documentation. The applicant shall recover reasonable
attorney's fees and court costs in the action if the applicant
prevails. The municipality may recover reasonable attorney's fees
and court costs in the action if the municipality prevails and the
court finds the action is frivolous.
SECTION 13. As soon as practicable after the effective date
of this Act but not later than January 1, 2024, each municipality
shall adopt and publish the list described by Section 212.0081,
Local Government Code, as added by this Act.
SECTION 14. The changes in law made by this Act apply only
to an application submitted on or after the effective date of this
Act. An application submitted before the effective date of this Act
is governed by the law applicable to the application immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 15. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3699 was passed by the House on May 9,
2023, by the following vote: Yeas 130, Nays 12, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 3699 on May 25, 2023, and requested the appointment of a
conference committee to consider the differences between the two
houses; that the House adopted the conference committee report on
H.B. No. 3699 on May 28, 2023, by the following vote: Yeas 139,
Nays 3, 1 present, not voting; and that the House adopted H.C.R. No.
126 authorizing certain corrections in H.B. No. 3699 on May 28,
2023, by the following vote: Yeas 142, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3699 was passed by the Senate, with
amendments, on May 21, 2023, by the following vote: Yeas 22, Nays
9; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; that
the Senate adopted the conference committee report on H.B. No. 3699
on May 28, 2023, by the following vote: Yeas 20, Nays 11; and that
the Senate adopted H.C.R. No. 126 authorizing certain corrections
in H.B. No. 3699 on May 28, 2023, by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor