Texas 2023 - 88th Regular

Texas House Bill HB866 Compare Versions

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1	1	By: Oliverson, et al. (Senate Sponsor - Hughes) H.B. No. 866
2	2	(In the Senate - Received from the House April 13, 2023;
3	3	April 18, 2023, read first time and referred to Committee on Local
4	4	Government; May 22, 2023, reported favorably by the following
5	5	vote: Yeas 6, Nays 1; May 22, 2023, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	COMMITTEE VOTE
10	10	YeaNayAbsentPNV
11	11	BettencourtX
12	12	SpringerX
13	13	EckhardtX
14	14	GutierrezX
15	15	HallX
16	16	NicholsX
17	17	ParkerX
18	18	PaxtonX
19	19	WestX
20	20	A BILL TO BE ENTITLED
21	21	AN ACT
22	22	relating to approval of certain land development applications by a
23	23	municipality or county.
24	24	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
25	25	SECTION 1. Sections 212.001(2) and (3), Local Government
26	26	Code, are amended to read as follows:
27	27	(2) ["Plan" means a subdivision development plan,
28	28	including a subdivision plan, subdivision construction plan, site
29	29	plan, land development application, and site development plan.
30	30	[(3)] "Plat" includes a preliminary plat, [general
31	31	plan,] final plat, and replat.
32	32	SECTION 2. Subchapter A, Chapter 212, Local Government
33	33	Code, is amended by adding Section 212.0015 to read as follows:
34	34	Sec. 212.0015. CONSTRUCTION OF SUBCHAPTER. This subchapter
35	35	may not be construed to restrict a municipality from establishing a
36	36	submittal calendar to be used by an applicant to facilitate
37	37	compliance with the approval process described by Sections 212.009,
38	38	212.0091, 212.0093, and 212.0095.
39	39	SECTION 3. Section 212.004, Local Government Code, is
40	40	amended by adding Subsection (f) to read as follows:
41	41	(f) A plat is considered filed on the date the applicant
42	42	submits the plat, along with a completed plat application and the
43	43	application fees and other requirements prescribed by or under this
44	44	subchapter, to:
45	45	(1) the governing body of the municipality; or
46	46	(2) the municipal authority responsible for approving
47	47	plats.
48	48	SECTION 4. Sections 212.0065(a) and (c), Local Government
49	49	Code, are amended to read as follows:
50	50	(a) The governing body of a municipality or the municipal
51	51	planning commission may delegate to one or more officers or
52	52	employees of the municipality or of a utility owned or operated by
53	53	the municipality the ability to approve, approve with conditions,
54	54	or disapprove a plat [:
55	55	[(1) amending plats described by Section 212.016;
56	56	[(2) minor plats or replats involving four or fewer
57	57	lots fronting on an existing street and not requiring the creation
58	58	of any new street or the extension of municipal facilities; or
59	59	[(3) a replat under Section 212.0145 that does not
60	60	require the creation of any new street or the extension of municipal
61	61	facilities].
62	62	(c) An applicant has the right to appeal to the governing
63	63	body of the municipality or the municipal planning commission if
64	64	the designated [The] person disapproves a [or persons shall not
65	65	disapprove the] plat [and shall be required to refer any plat which
66	66	the person or persons refuse to approve to the municipal authority
67	67	responsible for approving plats within the time period specified in
68	68	Section 212.009].
69	69	SECTION 5. Sections 212.009(a), (b), (b-2), (c), and (d),
70	70	Local Government Code, are amended to read as follows:
71	71	(a) The municipal authority responsible for approving plats
72	72	shall approve, approve with conditions, or disapprove a [plan or]
73	73	plat within 30 days after the date the [plan or] plat is filed. A
74	74	[plan or] plat is approved by the municipal authority unless it is
75	75	disapproved within that period and in accordance with Section
76	76	212.0091.
77	77	(b) If an ordinance requires that a [plan or] plat be
78	78	approved by the governing body of the municipality in addition to
79	79	the planning commission, the governing body shall approve, approve
80	80	with conditions, or disapprove the [plan or] plat within 30 days
81	81	after the date the [plan or] plat is approved by the planning
82	82	commission or is approved by the inaction of the commission. A
83	83	[plan or] plat is approved by the governing body unless it is
84	84	disapproved within that period and in accordance with Section
85	85	212.0091.
86	86	(b-2) Notwithstanding Subsection (a) or (b), the parties
87	87	may extend the 30-day period described by those subsections for one
88	88	or more periods, each [a period] not to exceed 30 days if:
89	89	(1) the applicant requests the extension in writing to
90	90	the municipal authority responsible for approving plats or the
91	91	governing body of the municipality, as applicable; and
92	92	(2) the municipal authority or governing body, as
93	93	applicable, approves the extension request.
94	94	(c) If a [plan or] plat is approved, the municipal authority
95	95	giving the approval shall endorse the [plan or] plat with a
96	96	certificate indicating the approval. The certificate must be signed
97	97	by:
98	98	(1) the authority's presiding officer and attested by
99	99	the authority's secretary; or
100	100	(2) a majority of the members of the authority.
101	101	(d) If the municipal authority responsible for approving
102	102	plats fails to approve, approve with conditions, or disapprove a
103	103	[plan or] plat within the prescribed period, the authority on the
104	104	applicant's request shall issue a certificate stating the date the
105	105	[plan or] plat was filed and that the authority failed to act on the
106	106	[plan or] plat within the period. The certificate is effective in
107	107	place of the endorsement required by Subsection (c).
108	108	SECTION 6. Section 212.0091(a), Local Government Code, is
109	109	amended to read as follows:
110	110	(a) A municipal authority or governing body that
111	111	conditionally approves or disapproves a [plan or] plat under this
112	112	subchapter shall provide the applicant a written statement of the
113	113	conditions for the conditional approval or reasons for disapproval
114	114	that clearly articulates each specific condition for the
115	115	conditional approval or reason for disapproval.
116	116	SECTION 7. Sections 212.0093, 212.0095, and 212.0096, Local
117	117	Government Code, are amended to read as follows:
118	118	Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
119	119	CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
120	120	approval or disapproval of a [plan or] plat under Section 212.0091,
121	121	the applicant may submit to the municipal authority or governing
122	122	body that conditionally approved or disapproved the [plan or] plat
123	123	a written response that satisfies each condition for the
124	124	conditional approval or remedies each reason for disapproval
125	125	provided. The municipal authority or governing body may not
126	126	establish a deadline for an applicant to submit the response.
127	127	Sec. 212.0095. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
128	128	OF RESPONSE. (a) A municipal authority or governing body that
129	129	receives a response under Section 212.0093 shall determine whether
130	130	to approve or disapprove the applicant's previously conditionally
131	131	approved or disapproved [plan or] plat not later than the 15th day
132	132	after the date the response was submitted.
133	133	(b) A municipal authority or governing body that
134	134	conditionally approves or disapproves a [plan or] plat following
135	135	the submission of a response under Section 212.0093:
136	136	(1) must comply with Section 212.0091; and
137	137	(2) may disapprove the [plan or] plat only for a
138	138	specific condition or reason provided to the applicant under
139	139	Section 212.0091.
140	140	(c) A municipal authority or governing body that receives a
141	141	response under Section 212.0093 shall approve a previously
142	142	conditionally approved or disapproved [plan or] plat if the
143	143	response adequately addresses each condition of the conditional
144	144	approval or each reason for the disapproval.
145	145	(d) A previously conditionally approved or disapproved
146	146	[plan or] plat is approved if:
147	147	(1) the applicant filed a response that meets the
148	148	requirements of Subsection (c); and
149	149	(2) the municipal authority or governing body that
150	150	received the response does not disapprove the [plan or] plat on or
151	151	before the date required by Subsection (a) and in accordance with
152	152	Section 212.0091.
153	153	Sec. 212.0096. APPROVAL PROCEDURE: ALTERNATIVE APPROVAL
154	154	PROCESS. (a) Notwithstanding Sections 212.009, 212.0091,
155	155	212.0093, and 212.0095, an applicant may elect at any time to seek
156	156	approval for a [plan or] plat under an alternative approval process
157	157	adopted by a municipality if the process allows for a shorter
158	158	approval period than the approval process described by Sections
159	159	212.009, 212.0091, 212.0093, and 212.0095.
160	160	(b) An applicant that elects to seek approval under the
161	161	alternative approval process described by Subsection (a) is not:
162	162	(1) required to satisfy the requirements of Sections
163	163	212.009, 212.0091, 212.0093, and 212.0095 before bringing an action
164	164	challenging a disapproval of a [plan or] plat under this
165	165	subchapter; and
166	166	(2) prejudiced in any manner in bringing the action
167	167	described by Subdivision (1), including satisfying a requirement to
168	168	exhaust any and all remedies.
169	169	SECTION 8. Subchapter A, Chapter 212, Local Government
170	170	Code, is amended by adding Section 212.00965 to read as follows:
171	171	Sec. 212.00965. APPROVAL PROCEDURE: ALTERNATIVE REVIEW
172	172	PROCESS FOR UNREVIEWED APPLICATIONS. (a) If a municipality fails
173	173	to approve, approve with conditions, or disapprove an applicant's
174	174	plat earlier than the 15th day after the date prescribed by Section
175	175	212.009 or 212.0095, as applicable, the applicant may have the plat
176	176	reviewed by:
177	177	(1) a person with the authority to review plats for:
178	178	(A) the municipality; or
179	179	(B) a political subdivision other than the
180	180	municipality if the municipality approves the reviewer; or
181	181	(2) an engineer licensed under Chapter 1001,
182	182	Occupations Code.
183	183	(b) A person may not review a plat under Subsection (a) if
184	184	the person:
185	185	(1) is the applicant; or
186	186	(2) prepared the plat that is the subject of the
187	187	application.
188	188	(c) A person who performs a review under this section:
189	189	(1) has the authority to approve, approve with
190	190	conditions, or disapprove a plat as if the person were delegated
191	191	authority under Section 212.0065;
192	192	(2) must ensure the plat satisfies all applicable
193	193	regulations; and
194	194	(3) must provide notice of the review to the
195	195	municipality not later than the 15th day after the date of the
196	196	review.
197	197	(d) The municipality may prescribe a reasonable format for
198	198	the notice provided under Subsection (c)(3).
199	199	(e) The municipality may not collect an additional fee
200	200	related to the review performed under Subsection (a).
201	201	SECTION 9. Section 212.0099, Local Government Code, is
202	202	amended to read as follows:
203	203	Sec. 212.0099. JUDICIAL REVIEW OF DISAPPROVAL. In a legal
204	204	action challenging a disapproval of a [plan or] plat under this
205	205	subchapter, the municipality has the burden of proving by clear and
206	206	convincing evidence that the disapproval meets the requirements of
207	207	this subchapter or any applicable case law. The court may not use a
208	208	deferential standard.
209	209	SECTION 10. Section 232.001, Local Government Code, is
210	210	amended by adding Subsection (g) to read as follows:
211	211	(g) A plat is considered filed on the date the applicant
212	212	submits the plat, along with a completed plat application and the
213	213	application fees and other requirements prescribed by or under this
214	214	subchapter, to:
215	215	(1) the commissioners court; or
216	216	(2) the county authority responsible for approving
217	217	plats.
218	218	SECTION 11. Subchapter A, Chapter 232, Local Government
219	219	Code, is amended by adding Sections 232.0012 and 232.0022 to read as
220	220	follows:
221	221	Sec. 232.0012. CONSTRUCTION OF SUBCHAPTER. This subchapter
222	222	may not be construed to restrict a county from establishing a
223	223	submittal calendar to be used by an applicant to facilitate
224	224	compliance with the approval process described by Sections
225	225	232.0025, 232.0026, 232.0027, and 232.0028.
226	226	Sec. 232.0022. DELEGATION OF APPROVAL RESPONSIBILITY. (a)
227	227	The commissioners court of a county or the court's designee may
228	228	designate to one or more officers or employees of the county the
229	229	authority to approve, approve with conditions, or disapprove a
230	230	plat.
231	231	(b) An applicant has the right to appeal to the
232	232	commissioners court or the court's designee if the designated
233	233	person or persons disapprove a plat.
234	234	SECTION 12. The heading to Section 232.0025, Local
235	235	Government Code, is amended to read as follows:
236	236	Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF PLATS
237	237	[AND PLANS].
238	238	SECTION 13. Section 232.0025, Local Government Code, is
239	239	amended by amending Subsections (b), (c), (d), (f), (g), (h), and
240	240	(i) and adding Subsection (f-1) to read as follows:
241	241	(b) If a person submits a plat application to the
242	242	commissioners court that does not include all of the documentation
243	243	or other information required by Subsection (a), the commissioners
244	244	court or the county authority responsible for approving plats
245	245	[court's designee] shall, not later than the 10th business day
246	246	after the date the commissioners court receives the application,
247	247	notify the applicant of the missing documents or other information.
248	248	The commissioners court shall allow an applicant to timely submit
249	249	the missing documents or other information.
250	250	(c) An application is considered complete when all
251	251	documentation or other information required by Subsection (a) is
252	252	received. Acceptance by the commissioners court or the county
253	253	authority responsible for approving plats [court's designee] of a
254	254	completed plat application with the documentation or other
255	255	information required by Subsection (a) shall not be construed as
256	256	approval of the documentation or other information.
257	257	(d) Except as provided by Subsection (f), the commissioners
258	258	court or the county authority responsible for approving plats
259	259	[court's designee] shall approve, approve with conditions, or
260	260	disapprove a plat application not later than the 30th day after the
261	261	date the completed application is received by the commissioners
262	262	court or the county authority [court's designee]. An application is
263	263	approved by the commissioners court or the county authority
264	264	[court's designee] unless the application is disapproved within
265	265	that period and in accordance with Section 232.0026.
266	266	(f) The 30-day period under Subsection (d):
267	267	(1) for a purpose related to Chapter 2007, Government
268	268	Code, may be extended for a period not to exceed 30 days, if:
269	269	(A) requested and agreed to in writing by the
270	270	applicant and approved by the commissioners court or the county
271	271	authority responsible for approving plats [court's designee]; or
272	272	(B) Chapter 2007, Government Code, requires the
273	273	county to perform a takings impact assessment in connection with
274	274	the plat application; or [and]
275	275	(2) for a purpose unrelated to Chapter 2007,
276	276	Government Code, may be extended for one or more periods, not to
277	277	exceed 30 days, if requested and agreed to in writing by the
278	278	applicant and approved by the commissioners court or the county
279	279	authority.
280	280	(f-1) The 30-day period under Subsection (d) applies only to
281	281	a decision wholly within the control of the commissioners court or
282	282	the county authority responsible for approving plats [court's
283	283	designee].
284	284	(g) The commissioners court or the county authority
285	285	responsible for approving plats [court's designee] shall make the
286	286	determination under Subsection (f)(1) of whether the 30-day period
287	287	will be extended not later than the 20th day after the date a
288	288	completed plat application is received by the commissioners court
289	289	or the county authority [court's designee].
290	290	(h) The commissioners court or the county authority
291	291	responsible for approving plats [court's designee] may not require
292	292	an applicant to waive the time limits or approval procedure
293	293	contained in this subchapter.
294	294	(i) If the commissioners court or the county authority
295	295	responsible for approving plats [court's designee] fails to
296	296	approve, approve with conditions, or disapprove a plat application
297	297	as required by this subchapter:
298	298	(1) the commissioners court shall refund the greater
299	299	of the unexpended portion of any application fee or deposit or 50
300	300	percent of an application fee or deposit that has been paid;
301	301	(2) the application is granted by operation of law;
302	302	and
303	303	(3) the applicant may apply to a district court in the
304	304	county where the tract of land is located for a writ of mandamus to
305	305	compel the commissioners court to issue documents recognizing the
306	306	plat application's approval.
307	307	SECTION 14. Section 232.0026(a), Local Government Code, is
308	308	amended to read as follows:
309	309	(a) A commissioners court or county authority responsible
310	310	for approving plats [designee] that conditionally approves or
311	311	disapproves of a plat application under this subchapter shall
312	312	provide the applicant a written statement of the conditions for the
313	313	conditional approval or the reasons for disapproval that clearly
314	314	articulates each specific condition for the conditional approval or
315	315	reason for disapproval.
316	316	SECTION 15. Sections 232.0027 and 232.0028, Local
317	317	Government Code, are amended to read as follows:
318	318	Sec. 232.0027. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
319	319	CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
320	320	approval or disapproval of a plat application under Section
321	321	232.0026, the applicant may submit to the commissioners court or
322	322	county authority responsible for approving plats [designee] that
323	323	conditionally approved or disapproved the application a written
324	324	response that satisfies each condition for the conditional approval
325	325	or remedies each reason for disapproval provided. The
326	326	commissioners court or county authority [designee] may not
327	327	establish a deadline for an applicant to submit the response.
328	328	Sec. 232.0028. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
329	329	OF RESPONSE. (a) A commissioners court or county authority
330	330	responsible for approving plats [designee] that receives a response
331	331	under Section 232.0027 shall determine whether to approve or
332	332	disapprove the applicant's previously conditionally approved or
333	333	disapproved plat application not later than the 15th day after the
334	334	date the response was submitted under Section 232.0027.
335	335	(b) A commissioners court or county authority responsible
336	336	for approving plats [designee] that conditionally approves or
337	337	disapproves a plat application following the submission of a
338	338	response under Section 232.0027:
339	339	(1) must comply with Section 232.0026; and
340	340	(2) may disapprove the application only for a specific
341	341	condition or reason provided to the applicant for the original
342	342	application under Section 232.0026.
343	343	(c) A commissioners court or county authority responsible
344	344	for approving plats [designee] that receives a response under
345	345	Section 232.0027 shall approve a previously conditionally approved
346	346	or disapproved plat application if the applicant's response
347	347	adequately addresses each condition for the conditional approval or
348	348	each reason for the disapproval.
349	349	(d) A previously conditionally approved or disapproved plat
350	350	application is approved if:
351	351	(1) the applicant filed a response that meets the
352	352	requirements of Subsection (c); and
353	353	(2) the commissioners court or county authority
354	354	responsible for approving plats [designee] that received the
355	355	response does not disapprove the application on or before the date
356	356	required by Subsection (a) and in accordance with Section 232.0026.
357	357	SECTION 16. Subchapter A, Chapter 232, Local Government
358	358	Code, is amended by adding Section 232.00287 to read as follows:
359	359	Sec. 232.00287. ALTERNATIVE REVIEW PROCESS. (a) If a
360	360	county fails to approve, approve with conditions, or disapprove a
361	361	plat or an applicant's written response earlier than the 15th day
362	362	after the date prescribed by Section 232.0025 or 232.0028, as
363	363	applicable, an applicant may have the plat reviewed by:
364	364	(1) a person with authority to review plats for:
365	365	(A) the county; or
366	366	(B) a political subdivision other than the county
367	367	if the county approves the reviewer; or
368	368	(2) an engineer licensed under Chapter 1001,
369	369	Occupations Code.
370	370	(b) A person may not review a plat under Subsection (a) if
371	371	the person:
372	372	(1) is the applicant; or
373	373	(2) prepared the plat that is the subject of the
374	374	application.
375	375	(c) A person who performs a review under this section:
376	376	(1) has the authority to approve, approve with
377	377	conditions, or disapprove a plat as if the person were delegated
378	378	authority under Section 232.0022;
379	379	(2) must ensure the plat satisfies all applicable
380	380	regulations; and
381	381	(3) must provide notice of the review to the county not
382	382	later than the 15th day after the date of the review.
383	383	(d) The county may prescribe a reasonable format for the
384	384	notice provided under Subsection (c)(3).
385	385	(e) The county may not collect an additional fee related to
386	386	the review performed under Subsection (a).
387	387	SECTION 17. The following provisions of the Local
388	388	Government Code are repealed:
389	389	(1) Section 212.009(b-1); and
390	390	(2) Section 232.0025(d-1).
391	391	SECTION 18. The changes in law made by this Act apply only
392	392	to a plat application filed on or after the effective date of this
393	393	Act.
394	394	SECTION 19. This Act takes effect September 1, 2023.
395	395	* * * * *