Texas 2023 - 88th Regular

Texas House Bill HR2506 Compare Versions

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Version 2 (New)

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1		-	H.R. No. 2506
	1	+	88R33184 AMF-D
	2	+	By: Wilson H.R. No. 2506
2	3
3	4
4	5		R E S O L U T I O N
5	6		BE IT RESOLVED by the House of Representatives of the State of
6	7		Texas, 88th Legislature, Regular Session, 2023, That House Rule 13,
7	8		Section 9(a), be suspended in part as provided by House Rule 13,
8	9		Section 9(f), to enable the conference committee appointed to
9	10		resolve the differences on House Bill 3697 (county regulation of
10	11		subdivisions and approval of subdivision plans or plats) to
11	12		consider and take action on the following matters:
12	13		(1) House Rule 13, Sections 9(a)(1), (3), and (4), are
13	14		suspended to permit the committee to change, alter, or amend text
14	15		which is not in disagreement, to add text on any matter which is not
15	16		in disagreement, and to add text on any matter which is not included
16	17		in either the house or senate version of the bill in proposed
17	18		SECTION 1 of the bill, in Section 232.001, Local Government Code, by
18	19		amending Subsection (a) and adding Subsection (g) to read as
19	20		follows:
20	21		(a) The owner of a tract of land located outside the limits
21	22		of a municipality must have a plat of the subdivision prepared if
22	23		the owner divides the tract into two or more parts to lay out:
23	24		(1) a subdivision of the tract, including an addition;
24	25		(2) lots; or
25	26		(3) streets, alleys, squares, parks, or other parts of
26	27		the tract intended by the owner of the tract to be dedicated to
27	28		public use [or for the use of purchasers or owners of lots fronting
28	29		on or adjacent to the streets, alleys, squares, parks, or other
29	30		parts].
30	31		(g) A plat is considered filed on the date the applicant
31	32		submits the plat, along with a completed plat application and the
32	33		application fees and other requirements prescribed by or under this
33	34		subchapter, to:
34	35		(1) the commissioners court; or
35	36		(2) the county authority responsible for approving
36	37		plats.
37	38		Explanation: The change is necessary to repeal the plat
38	39		preparation requirement in relation to purchasers or owners of
39	40		certain lots and to specify the date on which a plat is considered
40	41		filed.
41	42		(2) House Rule 13, Section 9(a)(4), is suspended to permit
42	43		the committee to add text on any matter which is not included in
43	44		either the house or senate version of the bill by adding the
44	45		following SECTIONS to the bill:
45	46		SECTION 2. Subchapter A, Chapter 232, Local Government
46	47		Code, is amended by adding Sections 232.0012 and 232.0022 to read as
47	48		follows:
48	49		Sec. 232.0012. CONSTRUCTION OF SUBCHAPTER. This subchapter
49	50		may not be construed to restrict a county from establishing a
50	51		submittal calendar to be used by an applicant to facilitate
51	52		compliance with the approval process described by Sections
52	53		232.0025, 232.0026, 232.0027, and 232.0028.
53	54		Sec. 232.0022. DELEGATION OF APPROVAL RESPONSIBILITY. (a)
54	55		The commissioners court of a county or the court's designee may
55	56		designate to one or more officers or employees of the county the
56	57		authority to approve, approve with conditions, or disapprove a
57	58		plat.
58	59		(b) An applicant has the right to appeal to the
59	60		commissioners court or the court's designee if the designated
60	61		person or persons disapprove a plat.
61	62		SECTION 3. The heading to Section 232.0025, Local
62	63		Government Code, is amended to read as follows:
63	64		Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF PLATS
64	65		[AND PLANS].
65	66		SECTION 5. Section 232.0026(a), Local Government Code, is
66	67		amended to read as follows:
67	68		(a) A commissioners court or county authority responsible
68	69		for approving plats [designee] that conditionally approves or
69	70		disapproves of a plat application under this subchapter shall
70	71		provide the applicant a written statement of the conditions for the
71	72		conditional approval or the reasons for disapproval that clearly
72	73		articulates each specific condition for the conditional approval or
73	74		reason for disapproval.
74	75		SECTION 6. Sections 232.0027 and 232.0028, Local Government
75	76		Code, are amended to read as follows:
76	77		Sec. 232.0027. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
77	78		CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
78	79		approval or disapproval of a plat application under Section
79	80		232.0026, the applicant may submit to the commissioners court or
80	81		county authority responsible for approving plats [designee] that
81	82		conditionally approved or disapproved the application a written
82	83		response that satisfies each condition for the conditional approval
83	84		or remedies each reason for disapproval provided. The
84	85		commissioners court or county authority [designee] may not
85	86		establish a deadline for an applicant to submit the response.
86	87		Sec. 232.0028. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
87	88		OF RESPONSE. (a) A commissioners court or county authority
88	89		responsible for approving plats [designee] that receives a response
89	90		under Section 232.0027 shall determine whether to approve or
90	91		disapprove the applicant's previously conditionally approved or
91	92		disapproved plat application not later than the 15th day after the
92	93		date the response was submitted under Section 232.0027.
93	94		(b) A commissioners court or county authority responsible
94	95		for approving plats [designee] that conditionally approves or
95	96		disapproves a plat application following the submission of a
96	97		response under Section 232.0027:
97	98		(1) must comply with Section 232.0026; and
98	99		(2) may disapprove the application only for a specific
99	100		condition or reason provided to the applicant for the original
100	101		application under Section 232.0026.
101	102		(c) A commissioners court or county authority responsible
102	103		for approving plats [designee] that receives a response under
103	104		Section 232.0027 shall approve a previously conditionally approved
104	105		or disapproved plat application if the applicant's response
105	106		adequately addresses each condition for the conditional approval or
106	107		each reason for the disapproval.
107	108		(d) A previously conditionally approved or disapproved plat
108	109		application is approved if:
109	110		(1) the applicant filed a response that meets the
110	111		requirements of Subsection (c); and
111	112		(2) the commissioners court or county authority
112	113		responsible for approving plats [designee] that received the
113	114		response does not disapprove the application on or before the date
114	115		required by Subsection (a) and in accordance with Section 232.0026.
115	116		SECTION 8. Section 232.0025(d-1), Local Government Code, is
116	117		repealed.
117	118		Explanation: The change is necessary to provide limitations
118	119		on county regulation of subdivisions and approval of subdivision
119	120		plats and plans.
120	121		(3) House Rule 13, Section 9(a)(4), is suspended to permit
121	122		the committee to add text on any matter which is not included in
122	123		either the house or senate version of the bill in proposed SECTION 4
123	124		of the bill, by amending Sections 232.0025(b), (c), (d), (f), (g),
124	125		and (h), Local Government Code, and adding Section 232.0025(f-1),
125	126		Local Government Code, to read as follows:
126	127		(b) If a person submits a plat application to the
127	128		commissioners court that does not include all of the documentation
128	129		or other information required by Subsection (a), the commissioners
129	130		court or the county authority responsible for approving plats
130	131		[court's designee] shall, not later than the 10th business day
131	132		after the date the commissioners court receives the application,
132	133		notify the applicant of the missing documents or other information.
133	134		The commissioners court shall allow an applicant to timely submit
134	135		the missing documents or other information.
135	136		(c) An application is considered complete when all
136	137		documentation or other information required by Subsection (a) is
137	138		received. Acceptance by the commissioners court or the county
138	139		authority responsible for approving plats [court's designee] of a
139	140		completed plat application with the documentation or other
140	141		information required by Subsection (a) shall not be construed as
141	142		approval of the documentation or other information.
142	143		(d) Except as provided by Subsection (f), the commissioners
143	144		court or the county authority responsible for approving plats
144	145		[court's designee] shall approve, approve with conditions, or
145	146		disapprove a plat application not later than the 30th day after the
146	147		date the completed application is received by the commissioners
147	148		court or the county authority [court's designee]. An application is
148	149		approved by the commissioners court or the county authority
149	150		[court's designee] unless the application is disapproved within
150	151		that period and in accordance with Section 232.0026.
151	152		(f) The 30-day period under Subsection (d):
152	153		(1) for a purpose related to Chapter 2007, Government
153	154		Code, may be extended for a period not to exceed 30 days, if:
154	155		(A) requested and agreed to in writing by the
155	156		applicant and approved by the commissioners court or the county
156	157		authority responsible for approving plats [court's designee]; or
157	158		(B) Chapter 2007, Government Code, requires the
158	159		county to perform a takings impact assessment in connection with
159	160		the plat application; or [and]
160	161		(2) for a purpose unrelated to Chapter 2007,
161	162		Government Code, may be extended for one or more periods, not to
162	163		exceed 30 days, if requested and agreed to in writing by the
163	164		applicant and approved by the commissioners court or the county
164	165		authority.
165	166		(f-1) The 30-day period under Subsection (d) applies only to
166	167		a decision wholly within the control of the commissioners court or
167	168		the county authority responsible for approving plats [court's
168	169		designee].
169	170		(g) The commissioners court or the county authority
170	171		responsible for approving plats [court's designee] shall make the
171	172		determination under Subsection (f)(1) of whether the 30-day period
172	173		will be extended not later than the 20th day after the date a
173	174		completed plat application is received by the commissioners court
174	175		or the county authority [court's designee].
175	176		(h) The commissioners court or the county authority
176	177		responsible for approving plats [court's designee] may not require
177	178		an applicant to waive the time limits or approval procedure
178	179		contained in this subchapter.
179	180		Explanation: The change is necessary to conform to other
180	181		changes made in the bill and to change requirements relating to the
181	182		timely approval of plat applications.
182	183		(4) House Rule 13, Sections 9(a)(1), (3), and (4), are
183	184		suspended to permit the committee to change, alter, or amend text
184	185		which is not in disagreement, to add text on any matter which is not
185	186		in disagreement, and to add text on any matter which is not included
186	187		in either the house or senate version of the bill in proposed
187	188		SECTION 4 of the bill, by amending Section 232.0025(i), Local
188	189		Government Code, to read as follows:
189	190		(i) If the commissioners court or the county authority
190	191		responsible for approving plats [court's designee] fails to
191	192		approve, approve with conditions, or disapprove a plat application
192	193		as required by this subchapter:
193	194		(1) the commissioners court shall refund the greater
194	195		of the unexpended portion of any application fee or deposit or 50
195	196		percent of an application fee or deposit that has been paid;
196	197		(2) the application is granted by operation of law;
197	198		[and]
198	199		(3) the applicant may apply to a district court in the
199	200		county where the tract of land is located for a writ of mandamus to
200	201		compel the commissioners court to issue documents recognizing the
201	202		plat application's approval;
202	203		(4) the applicant shall recover reasonable attorney's
203	204		fees and court costs incurred in bringing an action under
204	205		Subdivision (3) if the applicant prevails; and
205	206		(5) the county may recover reasonable attorney's fees
206	207		and court costs incurred in an action brought under Subdivision (3)
207	208		if the county prevails and the court finds the action is frivolous.
208	209		Explanation: The change is necessary to conform to other
209	210		changes made in the bill and to provide for the awarding of
210	211		attorney's fees and court costs in certain actions.
211		-	Wilson
212		-	______________________________
213		-	Speaker of the House
214		-	I certify that H.R. No. 2506 was adopted by the House on May
215		-	28, 2023, by the following vote: Yeas 128, Nays 13, 1 present, not
216		-	voting.
217		-	______________________________
218		-	Chief Clerk of the House