Texas 2023 - 88th Regular

Texas House Bill HB3699 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3699
2	2
3	3
4	4	AN ACT
5	5	relating to municipal 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. Sections 212.001(2) and (3), Local Government
9	9	Code, are amended to read as follows:
10	10	(2) ["Plan" means a subdivision development plan,
11	11	including a subdivision plan, subdivision construction plan, site
12	12	plan, land development application, and site development plan.
13	13	[(3)] "Plat" includes a preliminary plat, [general
14	14	plan,] final plat, and replat.
15	15	SECTION 2. Subchapter A, Chapter 212, Local Government
16	16	Code, is amended by adding Section 212.0015 to read as follows:
17	17	Sec. 212.0015. CONSTRUCTION OF SUBCHAPTER. This subchapter
18	18	may not be construed to restrict a municipality from establishing a
19	19	submittal calendar to be used by an applicant to facilitate
20	20	compliance with the approval process described by Sections 212.009,
21	21	212.0091, 212.0093, and 212.0095.
22	22	SECTION 3. Subchapter A, Chapter 212, Local Government
23	23	Code, is amended by adding Section 212.0021 to read as follows:
24	24	Sec. 212.0021. SUBDIVISION REQUIREMENTS. The governing
25	25	body of a municipality, by ordinance and after notice is published
26	26	in a newspaper of general circulation in the municipality, may:
27	27	(1) adopt, based on the amount and kind of travel over
28	28	each street or road in a subdivision, reasonable specifications
29	29	relating to the construction of each street or road; and
30	30	(2) adopt reasonable specifications to provide
31	31	adequate drainage for each street or road in a subdivision in
32	32	accordance with standard engineering practices.
33	33	SECTION 4. Section 212.004, Local Government Code, is
34	34	amended by amending Subsections (a) and (b) and adding Subsections
35	35	(f) and (g) to read as follows:
36	36	(a) The owner of a tract of land located within the limits or
37	37	in the extraterritorial jurisdiction of a municipality who divides
38	38	the tract in two or more parts to lay out a subdivision of the tract,
39	39	including an addition to a municipality, to lay out suburban,
40	40	building, or other lots, or to lay out streets, alleys, squares,
41	41	parks, or other parts of the tract intended by the owner of the
42	42	tract to be dedicated to public use [or for the use of purchasers or
43	43	owners of lots fronting on or adjacent to the streets, alleys,
44	44	squares, parks, or other parts] must have a plat of the subdivision
45	45	prepared. A division of a tract under this subsection includes a
46	46	division regardless of whether it is made by using a metes and
47	47	bounds description in a deed of conveyance or in a contract for a
48	48	deed, by using a contract of sale or other executory contract to
49	49	convey, or by using any other method. A division of land under this
50	50	subsection does not include a division of land into parts greater
51	51	than five acres, where each part has access and no public
52	52	improvement is being dedicated.
53	53	(b) To be recorded, the plat must:
54	54	(1) describe the subdivision by metes and bounds;
55	55	(2) locate the subdivision with respect to a corner of
56	56	the survey or tract or an original corner of the original survey of
57	57	which it is a part; and
58	58	(3) state the dimensions of the subdivision and of
59	59	each street, alley, square, park, or other part of the tract
60	60	intended by the owner of the tract to be dedicated to public use [or
61	61	for the use of purchasers or owners of lots fronting on or adjacent
62	62	to the street, alley, square, park, or other part].
63	63	(f) A plat is considered filed on the date the applicant
64	64	submits the plat, along with a completed plat application and the
65	65	application fees and other requirements prescribed by or under this
66	66	subchapter, to:
67	67	(1) the governing body of the municipality; or
68	68	(2) the municipal authority responsible for approving
69	69	plats.
70	70	(g) The governing body of a municipality or the municipal
71	71	authority responsible for approving plats may not require an
72	72	analysis, study, document, agreement, or similar requirement to be
73	73	included in or as part of an application for a plat, development
74	74	permit, or subdivision of land that is not explicitly allowed by
75	75	state law.
76	76	SECTION 5. Section 212.005, Local Government Code, is
77	77	amended to read as follows:
78	78	Sec. 212.005. APPROVAL BY MUNICIPALITY REQUIRED. (a) The
79	79	municipal authority responsible for approving plats must approve a
80	80	plat or replat that is required to be prepared under this subchapter
81	81	and that satisfies the requirements of this subchapter [all
82	82	applicable regulations].
83	83	(b) This subchapter may not be construed to convey any
84	84	authority to a municipality regarding the completeness of an
85	85	application or the approval of a plat or replat that is not
86	86	explicitly granted by this subchapter.
87	87	SECTION 6. Sections 212.0065(a) and (c), Local Government
88	88	Code, are amended to read as follows:
89	89	(a) The governing body of a municipality or the municipal
90	90	planning commission may delegate to one or more officers or
91	91	employees of the municipality or of a utility owned or operated by
92	92	the municipality the ability to approve, approve with conditions,
93	93	or disapprove a plat [:
94	94	[(1) amending plats described by Section 212.016;
95	95	[(2) minor plats or replats involving four or fewer
96	96	lots fronting on an existing street and not requiring the creation
97	97	of any new street or the extension of municipal facilities; or
98	98	[(3) a replat under Section 212.0145 that does not
99	99	require the creation of any new street or the extension of municipal
100	100	facilities].
101	101	(c) An applicant has the right to appeal to the governing
102	102	body of the municipality or the municipal planning commission if
103	103	the designated [The] person disapproves a [or persons shall not
104	104	disapprove the] plat [and shall be required to refer any plat which
105	105	the person or persons refuse to approve to the municipal authority
106	106	responsible for approving plats within the time period specified in
107	107	Section 212.009].
108	108	SECTION 7. Subchapter A, Chapter 212, Local Government
109	109	Code, is amended by adding Section 212.0081 to read as follows:
110	110	Sec. 212.0081. REQUIRED APPLICATION MATERIALS. (a) Each
111	111	municipality to which this subchapter applies shall adopt and make
112	112	available to the public a complete, written list of all
113	113	documentation and other information that the municipality requires
114	114	to be submitted with a plat application. The required documentation
115	115	and other information must be related to a requirement authorized
116	116	under this subchapter.
117	117	(b) An application submitted to the municipal authority
118	118	responsible for approving plats that contains all documents and
119	119	other information on the list provided under Subsection (a) is
120	120	considered complete.
121	121	(c) A municipality that operates an Internet website shall
122	122	publish and continuously maintain the list described by Subsection
123	123	(a) on the Internet website not later than the 30th day after the
124	124	date the municipality adopts or amends the list.
125	125	(d) A municipality that does not operate an Internet website
126	126	shall publish the list described by Subsection (a) on adoption of
127	127	the list or an amendment to the list in:
128	128	(1) a newspaper of general circulation in the
129	129	municipality; and
130	130	(2) a public place in the location in which the
131	131	governing body of the municipality meets.
132	132	SECTION 8. Sections 212.009(a), (b), (b-2), (c), and (d),
133	133	Local Government Code, are amended to read as follows:
134	134	(a) The municipal authority responsible for approving plats
135	135	shall approve, approve with conditions, or disapprove a [plan or]
136	136	plat within 30 days after the date the [plan or] plat is filed. A
137	137	[plan or] plat is approved by the municipal authority unless it is
138	138	disapproved within that period and in accordance with Section
139	139	212.0091.
140	140	(b) If an ordinance requires that a [plan or] plat be
141	141	approved by the governing body of the municipality in addition to
142	142	the planning commission, the governing body shall approve, approve
143	143	with conditions, or disapprove the [plan or] plat within 30 days
144	144	after the date the [plan or] plat is approved by the planning
145	145	commission or is approved by the inaction of the commission. A
146	146	[plan or] plat is approved by the governing body unless it is
147	147	disapproved within that period and in accordance with Section
148	148	212.0091.
149	149	(b-2) Notwithstanding Subsection (a) or (b), the parties
150	150	shall [may] extend the 30-day period described by those subsections
151	151	for one or more periods, each [a period] not to exceed 30 days if:
152	152	(1) both:
153	153	(A) the applicant requests the extension in
154	154	writing to the municipal authority responsible for approving plats
155	155	or the governing body of the municipality, as applicable; and
156	156	(B) [(2)] the municipal authority or governing
157	157	body, as applicable, approves the extension request; or
158	158	(2) Chapter 2007, Government Code, requires the
159	159	municipality to perform a takings impact assessment in connection
160	160	with the plan or plat.
161	161	(c) If a [plan or] plat is approved, the municipal authority
162	162	giving the approval shall endorse the [plan or] plat with a
163	163	certificate indicating the approval. The certificate must be signed
164	164	by:
165	165	(1) the authority's presiding officer and attested by
166	166	the authority's secretary; or
167	167	(2) a majority of the members of the authority.
168	168	(d) If the municipal authority responsible for approving
169	169	plats fails to approve, approve with conditions, or disapprove a
170	170	[plan or] plat within the prescribed period, the authority on the
171	171	applicant's request shall issue a certificate stating the date the
172	172	[plan or] plat was filed and that the authority failed to act on the
173	173	[plan or] plat within the period. The certificate is effective in
174	174	place of the endorsement required by Subsection (c).
175	175	SECTION 9. Section 212.0091(a), Local Government Code, is
176	176	amended to read as follows:
177	177	(a) A municipal authority or governing body that
178	178	conditionally approves or disapproves a [plan or] plat under this
179	179	subchapter shall provide the applicant a written statement of the
180	180	conditions for the conditional approval or reasons for disapproval
181	181	that clearly articulates each specific condition for the
182	182	conditional approval or reason for disapproval.
183	183	SECTION 10. Sections 212.0093, 212.0095, and 212.0096,
184	184	Local Government Code, are amended to read as follows:
185	185	Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
186	186	CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
187	187	approval or disapproval of a [plan or] plat under Section 212.0091,
188	188	the applicant may submit to the municipal authority or governing
189	189	body that conditionally approved or disapproved the [plan or] plat
190	190	a written response that satisfies each condition for the
191	191	conditional approval or remedies each reason for disapproval
192	192	provided. The municipal authority or governing body may not
193	193	establish a deadline for an applicant to submit the response.
194	194	Sec. 212.0095. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
195	195	OF RESPONSE. (a) A municipal authority or governing body that
196	196	receives a response under Section 212.0093 shall determine whether
197	197	to approve or disapprove the applicant's previously conditionally
198	198	approved or disapproved [plan or] plat not later than the 15th day
199	199	after the date the response was submitted.
200	200	(b) A municipal authority or governing body that
201	201	conditionally approves or disapproves a [plan or] plat following
202	202	the submission of a response under Section 212.0093:
203	203	(1) must comply with Section 212.0091; and
204	204	(2) may disapprove the [plan or] plat only for a
205	205	specific condition or reason provided to the applicant under
206	206	Section 212.0091.
207	207	(c) A municipal authority or governing body that receives a
208	208	response under Section 212.0093 shall approve a previously
209	209	conditionally approved or disapproved [plan or] plat if the
210	210	response adequately addresses each condition of the conditional
211	211	approval or each reason for the disapproval.
212	212	(d) A previously conditionally approved or disapproved
213	213	[plan or] plat is approved if:
214	214	(1) the applicant filed a response that meets the
215	215	requirements of Subsection (c); and
216	216	(2) the municipal authority or governing body that
217	217	received the response does not disapprove the [plan or] plat on or
218	218	before the date required by Subsection (a) and in accordance with
219	219	Section 212.0091.
220	220	Sec. 212.0096. APPROVAL PROCEDURE: ALTERNATIVE APPROVAL
221	221	PROCESS. (a) Notwithstanding Sections 212.009, 212.0091,
222	222	212.0093, and 212.0095, an applicant may elect at any time to seek
223	223	approval for a [plan or] plat under an alternative approval process
224	224	adopted by a municipality if the process allows for a shorter
225	225	approval period than the approval process described by Sections
226	226	212.009, 212.0091, 212.0093, and 212.0095.
227	227	(b) An applicant that elects to seek approval under the
228	228	alternative approval process described by Subsection (a) is not:
229	229	(1) required to satisfy the requirements of Sections
230	230	212.009, 212.0091, 212.0093, and 212.0095 before bringing an action
231	231	challenging a disapproval of a [plan or] plat under this
232	232	subchapter; and
233	233	(2) prejudiced in any manner in bringing the action
234	234	described by Subdivision (1), including satisfying a requirement to
235	235	exhaust any and all remedies.
236	236	SECTION 11. Section 212.0099, Local Government Code, is
237	237	amended to read as follows:
238	238	Sec. 212.0099. JUDICIAL REVIEW OF DISAPPROVAL. In a legal
239	239	action challenging a disapproval of a [plan or] plat under this
240	240	subchapter, the municipality has the burden of proving by clear and
241	241	convincing evidence that the disapproval meets the requirements of
242	242	this subchapter or any applicable case law. The court may not use a
243	243	deferential standard.
244	244	SECTION 12. Section 212.010, Local Government Code, is
245	245	amended by adding Subsections (c), (d), and (e) to read as follows:
246	246	(c) The municipal authority responsible for approving plats
247	247	may not require the dedication of land within a subdivision for a
248	248	future street or alley that is:
249	249	(1) not intended by the owner of the tract; and
250	250	(2) not included, funded, and approved in:
251	251	(A) a capital improvement plan adopted by the
252	252	municipality; or
253	253	(B) a similar plan adopted by a county in which
254	254	the municipality is located or the state.
255	255	(d) A municipal authority responsible for approving plats
256	256	may not refuse to review a plat or to approve a plat for recordation
257	257	for failure to identify a corridor, as defined by Section 201.619,
258	258	Transportation Code, unless the corridor is part of an agreement
259	259	between the Texas Department of Transportation and a county in
260	260	which the municipality is located under that section.
261	261	(e) If a municipal authority responsible for approving
262	262	plats fails or refuses to approve a plat that meets the requirements
263	263	of this subchapter, the owner of the tract that is the subject of
264	264	the plat may bring an action in a district court in a county in which
265	265	the tract is located for a writ of mandamus to compel the municipal
266	266	authority to approve the plat by issuing to the owner applicable
267	267	approval documentation. The applicant shall recover reasonable
268	268	attorney's fees and court costs in the action if the applicant
269	269	prevails. The municipality may recover reasonable attorney's fees
270	270	and court costs in the action if the municipality prevails and the
271	271	court finds the action is frivolous.
272	272	SECTION 13. As soon as practicable after the effective date
273	273	of this Act but not later than January 1, 2024, each municipality
274	274	shall adopt and publish the list described by Section 212.0081,
275	275	Local Government Code, as added by this Act.
276	276	SECTION 14. The changes in law made by this Act apply only
277	277	to an application submitted on or after the effective date of this
278	278	Act. An application submitted before the effective date of this Act
279	279	is governed by the law applicable to the application immediately
280	280	before the effective date of this Act, and that law is continued in
281	281	effect for that purpose.
282	282	SECTION 15. This Act takes effect September 1, 2023.
283	283	______________________________ ______________________________
284	284	President of the Senate Speaker of the House
285	285	I certify that H.B. No. 3699 was passed by the House on May 9,
286	286	2023, by the following vote: Yeas 130, Nays 12, 2 present, not
287	287	voting; that the House refused to concur in Senate amendments to
288	288	H.B. No. 3699 on May 25, 2023, and requested the appointment of a
289	289	conference committee to consider the differences between the two
290	290	houses; that the House adopted the conference committee report on
291	291	H.B. No. 3699 on May 28, 2023, by the following vote: Yeas 139,
292	292	Nays 3, 1 present, not voting; and that the House adopted H.C.R. No.
293	293	126 authorizing certain corrections in H.B. No. 3699 on May 28,
294	294	2023, by the following vote: Yeas 142, Nays 0, 1 present, not
295	295	voting.
296	296	______________________________
297	297	Chief Clerk of the House
298	298	I certify that H.B. No. 3699 was passed by the Senate, with
299	299	amendments, on May 21, 2023, by the following vote: Yeas 22, Nays
300	300	9; at the request of the House, the Senate appointed a conference
301	301	committee to consider the differences between the two houses; that
302	302	the Senate adopted the conference committee report on H.B. No. 3699
303	303	on May 28, 2023, by the following vote: Yeas 20, Nays 11; and that
304	304	the Senate adopted H.C.R. No. 126 authorizing certain corrections
305	305	in H.B. No. 3699 on May 28, 2023, by the following vote: Yeas 31,
306	306	Nays 0.
307	307	______________________________
308	308	Secretary of the Senate
309	309	APPROVED: __________________
310	310	Date
311	311	__________________
312	312	Governor