Texas 2023 - 88th Regular

Texas House Bill HR2507 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.R. No. 2507
	1	+	88R33236 SCL-D
	2	+	By: Wilson H.R. No. 2507
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 3699 (municipal 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, Section 9(a)(4), is suspended to permit
13	14		the committee to add text on a matter which is not included in
14	15		either the house or senate version of the bill by adding the
15	16		following SECTIONS to the bill:
16	17		SECTION 1. Sections 212.001(2) and (3), Local Government
17	18		Code, are amended to read as follows:
18	19		(2) ["Plan" means a subdivision development plan,
19	20		including a subdivision plan, subdivision construction plan, site
20	21		plan, land development application, and site development plan.
21	22		[(3)] "Plat" includes a preliminary plat, [general
22	23		plan,] final plat, and replat.
23	24		SECTION 2. Subchapter A, Chapter 212, Local Government
24	25		Code, is amended by adding Section 212.0015 to read as follows:
25	26		Sec. 212.0015. CONSTRUCTION OF SUBCHAPTER. This subchapter
26	27		may not be construed to restrict a municipality from establishing a
27	28		submittal calendar to be used by an applicant to facilitate
28	29		compliance with the approval process described by Sections 212.009,
29	30		212.0091, 212.0093, and 212.0095.
30	31		SECTION 6. Sections 212.0065(a) and (c), Local Government
31	32		Code, are amended to read as follows:
32	33		(a) The governing body of a municipality or the municipal
33	34		planning commission may delegate to one or more officers or
34	35		employees of the municipality or of a utility owned or operated by
35	36		the municipality the ability to approve, approve with conditions,
36	37		or disapprove a plat [:
37	38		[(1) amending plats described by Section 212.016;
38	39		[(2) minor plats or replats involving four or fewer
39	40		lots fronting on an existing street and not requiring the creation
40	41		of any new street or the extension of municipal facilities; or
41	42		[(3) a replat under Section 212.0145 that does not
42	43		require the creation of any new street or the extension of municipal
43	44		facilities].
44	45		(c) An applicant has the right to appeal to the governing
45	46		body of the municipality or the municipal planning commission if
46	47		the designated [The] person disapproves a [or persons shall not
47	48		disapprove the] plat [and shall be required to refer any plat which
48	49		the person or persons refuse to approve to the municipal authority
49	50		responsible for approving plats within the time period specified in
50	51		Section 212.009].
51	52		SECTION 9. Section 212.0091(a), Local Government Code, is
52	53		amended to read as follows:
53	54		(a) A municipal authority or governing body that
54	55		conditionally approves or disapproves a [plan or] plat under this
55	56		subchapter shall provide the applicant a written statement of the
56	57		conditions for the conditional approval or reasons for disapproval
57	58		that clearly articulates each specific condition for the
58	59		conditional approval or reason for disapproval.
59	60		SECTION 10. Sections 212.0093, 212.0095, and 212.0096,
60	61		Local Government Code, are amended to read as follows:
61	62		Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
62	63		CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
63	64		approval or disapproval of a [plan or] plat under Section 212.0091,
64	65		the applicant may submit to the municipal authority or governing
65	66		body that conditionally approved or disapproved the [plan or] plat
66	67		a written response that satisfies each condition for the
67	68		conditional approval or remedies each reason for disapproval
68	69		provided. The municipal authority or governing body may not
69	70		establish a deadline for an applicant to submit the response.
70	71		Sec. 212.0095. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
71	72		OF RESPONSE. (a) A municipal authority or governing body that
72	73		receives a response under Section 212.0093 shall determine whether
73	74		to approve or disapprove the applicant's previously conditionally
74	75		approved or disapproved [plan or] plat not later than the 15th day
75	76		after the date the response was submitted.
76	77		(b) A municipal authority or governing body that
77	78		conditionally approves or disapproves a [plan or] plat following
78	79		the submission of a response under Section 212.0093:
79	80		(1) must comply with Section 212.0091; and
80	81		(2) may disapprove the [plan or] plat only for a
81	82		specific condition or reason provided to the applicant under
82	83		Section 212.0091.
83	84		(c) A municipal authority or governing body that receives a
84	85		response under Section 212.0093 shall approve a previously
85	86		conditionally approved or disapproved [plan or] plat if the
86	87		response adequately addresses each condition of the conditional
87	88		approval or each reason for the disapproval.
88	89		(d) A previously conditionally approved or disapproved
89	90		[plan or] plat is approved if:
90	91		(1) the applicant filed a response that meets the
91	92		requirements of Subsection (c); and
92	93		(2) the municipal authority or governing body that
93	94		received the response does not disapprove the [plan or] plat on or
94	95		before the date required by Subsection (a) and in accordance with
95	96		Section 212.0091.
96	97		Sec. 212.0096. APPROVAL PROCEDURE: ALTERNATIVE APPROVAL
97	98		PROCESS. (a) Notwithstanding Sections 212.009, 212.0091,
98	99		212.0093, and 212.0095, an applicant may elect at any time to seek
99	100		approval for a [plan or] plat under an alternative approval process
100	101		adopted by a municipality if the process allows for a shorter
101	102		approval period than the approval process described by Sections
102	103		212.009, 212.0091, 212.0093, and 212.0095.
103	104		(b) An applicant that elects to seek approval under the
104	105		alternative approval process described by Subsection (a) is not:
105	106		(1) required to satisfy the requirements of Sections
106	107		212.009, 212.0091, 212.0093, and 212.0095 before bringing an action
107	108		challenging a disapproval of a [plan or] plat under this
108	109		subchapter; and
109	110		(2) prejudiced in any manner in bringing the action
110	111		described by Subdivision (1), including satisfying a requirement to
111	112		exhaust any and all remedies.
112	113		SECTION 11. Section 212.0099, Local Government Code, is
113	114		amended to read as follows:
114	115		Sec. 212.0099. JUDICIAL REVIEW OF DISAPPROVAL. In a legal
115	116		action challenging a disapproval of a [plan or] plat under this
116	117		subchapter, the municipality has the burden of proving by clear and
117	118		convincing evidence that the disapproval meets the requirements of
118	119		this subchapter or any applicable case law. The court may not use a
119	120		deferential standard.
120	121		Explanation: This change is necessary to provide limitations
121	122		on municipal regulation of subdivisions and approval of subdivision
122	123		plans or plats.
123	124		(2) House Rule 13, Sections 9(a)(1), (3), and (4), are
124	125		suspended to permit the committee to change, alter, or amend text
125	126		which is not in disagreement, to add text on a matter which is not in
126	127		disagreement, and to add text on a matter which is not included in
127	128		either the house or senate version of the bill in proposed SECTION 4
128	129		of the bill, in Section 212.004, Local Government Code, by amending
129	130		Subsections (a) and (b) and adding Subsections (f) and (g) to read
130	131		as follows:
131	132		(a) The owner of a tract of land located within the limits or
132	133		in the extraterritorial jurisdiction of a municipality who divides
133	134		the tract in two or more parts to lay out a subdivision of the tract,
134	135		including an addition to a municipality, to lay out suburban,
135	136		building, or other lots, or to lay out streets, alleys, squares,
136	137		parks, or other parts of the tract intended by the owner of the
137	138		tract to be dedicated to public use [or for the use of purchasers or
138	139		owners of lots fronting on or adjacent to the streets, alleys,
139	140		squares, parks, or other parts] must have a plat of the subdivision
140	141		prepared. A division of a tract under this subsection includes a
141	142		division regardless of whether it is made by using a metes and
142	143		bounds description in a deed of conveyance or in a contract for a
143	144		deed, by using a contract of sale or other executory contract to
144	145		convey, or by using any other method. A division of land under this
145	146		subsection does not include a division of land into parts greater
146	147		than five acres, where each part has access and no public
147	148		improvement is being dedicated.
148	149		(b) To be recorded, the plat must:
149	150		(1) describe the subdivision by metes and bounds;
150	151		(2) locate the subdivision with respect to a corner of
151	152		the survey or tract or an original corner of the original survey of
152	153		which it is a part; and
153	154		(3) state the dimensions of the subdivision and of
154	155		each street, alley, square, park, or other part of the tract
155	156		intended by the owner of the tract to be dedicated to public use [or
156	157		for the use of purchasers or owners of lots fronting on or adjacent
157	158		to the street, alley, square, park, or other part].
158	159		(f) A plat is considered filed on the date the applicant
159	160		submits the plat, along with a completed plat application and the
160	161		application fees and other requirements prescribed by or under this
161	162		subchapter, to:
162	163		(1) the governing body of the municipality; or
163	164		(2) the municipal authority responsible for approving
164	165		plats.
165	166		(g) The governing body of a municipality or the municipal
166	167		authority responsible for approving plats may not require an
167	168		analysis, study, document, agreement, or similar requirement to be
168	169		included in or as part of an application for a plat, development
169	170		permit, or subdivision of land that is not explicitly required by
170	171		state law.
171	172		Explanation: This change is necessary to repeal the plat
172	173		preparation requirement in relation to purchasers or owners of
173	174		certain lots, to specify the date on which a plat is considered
174	175		filed, and to prohibit a municipality or municipal authority from
175	176		requiring certain additional materials for a plat, development
176	177		permit, or subdivision of land.
177	178		(3) House Rule 13, Sections 9(a)(3) and (4), are suspended
178	179		to permit the committee to add text on a matter which is not in
179	180		disagreement and to add text on a matter which is not included in
180	181		either the house or senate version of the bill in proposed SECTION 8
181	182		of the bill, by amending Sections 212.009(a), (b), (c), and (d),
182	183		Local Government Code, to read as follows:
183	184		(a) The municipal authority responsible for approving plats
184	185		shall approve, approve with conditions, or disapprove a [plan or]
185	186		plat within 30 days after the date the [plan or] plat is filed. A
186	187		[plan or] plat is approved by the municipal authority unless it is
187	188		disapproved within that period and in accordance with Section
188	189		212.0091.
189	190		(b) If an ordinance requires that a [plan or] plat be
190	191		approved by the governing body of the municipality in addition to
191	192		the planning commission, the governing body shall approve, approve
192	193		with conditions, or disapprove the [plan or] plat within 30 days
193	194		after the date the [plan or] plat is approved by the planning
194	195		commission or is approved by the inaction of the commission. A
195	196		[plan or] plat is approved by the governing body unless it is
196	197		disapproved within that period and in accordance with Section
197	198		212.0091.
198	199		(c) If a [plan or] plat is approved, the municipal authority
199	200		giving the approval shall endorse the [plan or] plat with a
200	201		certificate indicating the approval. The certificate must be signed
201	202		by:
202	203		(1) the authority's presiding officer and attested by
203	204		the authority's secretary; or
204	205		(2) a majority of the members of the authority.
205	206		(d) If the municipal authority responsible for approving
206	207		plats fails to approve, approve with conditions, or disapprove a
207	208		[plan or] plat within the prescribed period, the authority on the
208	209		applicant's request shall issue a certificate stating the date the
209	210		[plan or] plat was filed and that the authority failed to act on the
210	211		[plan or] plat within the period. The certificate is effective in
211	212		place of the endorsement required by Subsection (c).
212	213		Explanation: This change is necessary to conform to other
213	214		changes made in the bill.
214	215		(4) House Rule 13, Section 9(a)(1), is suspended to permit
215	216		the committee to change, alter, or amend text which is not in
216	217		disagreement in proposed SECTION 8 of the bill, in amended Section
217	218		212.009(b-2), Local Government Code, by striking "a period" and
218	219		substituting "one or more periods, each [a period]".
219	220		Explanation: This change is necessary to provide for multiple
220	221		extensions for the deadlines provided by Section 212.009, Local
221	222		Government Code.
222	223		(5) House Rule 13, Section 9(a)(1), is suspended to permit
223	224		the committee to change, alter, or amend text which is not in
224	225		disagreement in proposed SECTION 12 of the bill, in added Section
225	226		212.010(e), Local Government Code, by striking "The prevailing
226	227		party may recover reasonable and necessary attorney's fees and
227	228		court costs in the action." and substituting the following:
228	229		The applicant shall recover reasonable attorney's fees and court
229	230		costs in the action if the applicant prevails. The municipality may
230	231		recover reasonable attorney's fees and court costs in the action if
231	232		the municipality prevails and the court finds the action is
232	233		frivolous.
233	234		Explanation: This change is necessary to provide different
234	235		standards for recovery of attorney's fees and court costs for an
235	236		applicant and a municipality.
236		-	Wilson
237		-	______________________________
238		-	Speaker of the House
239		-	I certify that H.R. No. 2507 was adopted by the House on May
240		-	28, 2023, by the following vote: Yeas 134, Nays 3, 2 present, not
241		-	voting.
242		-	______________________________
243		-	Chief Clerk of the House