Texas 2023 - 88th Regular

Texas Senate Bill SB1786 Compare Versions

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1	1	88R2894 SCL-D
2	2	By: Bettencourt S.B. No. 1786
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to approval procedures for property development review by
8	8	a municipality.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 212.0065(c), Local Government Code, is
11	11	amended to read as follows:
12	12	(c) The person or persons shall not disapprove the plat and
13	13	shall be required to refer any plat which the person or persons
14	14	refuse to approve to the municipal authority responsible for
15	15	approving plats within the time period specified in Section 212.023
16	16	[212.009].
17	17	SECTION 2. Chapter 212, Local Government Code, is amended
18	18	by adding Subchapter A-1 to read as follows:
19	19	SUBCHAPTER A-1. APPROVAL PROCEDURES FOR PROPERTY DEVELOPMENT
20	20	REVIEW
21	21	Sec. 212.021. DEFINITIONS. In this subchapter:
22	22	(1) "Development application" means an application
23	23	made to a municipal authority for property development review.
24	24	(2) "Development inspection" means the inspection of
25	25	an improvement to land required to be conducted as part of a project
26	26	to develop the land or construct or improve an improvement to the
27	27	land.
28	28	(3) "Development permit" means a permit required to be
29	29	obtained to develop land or construct or improve an improvement to
30	30	land.
31	31	(4) "Municipal authority" means the municipal
32	32	authority responsible for conducting a property development review
33	33	under law.
34	34	(5) "Plan" and "plat" have the meanings assigned by
35	35	Section 212.001.
36	36	(6) "Property development review" means the process of
37	37	granting municipal approval to subdivide land, develop land, or
38	38	construct or improve an improvement to land. The term includes the
39	39	review of a development application.
40	40	Sec. 212.028. DELEGATION OF APPROVAL RESPONSIBILITY TO
41	41	THIRD-PARTY REVIEWER. (a) Except as provided by Subsection (b),
42	42	the appropriate municipal authority may delegate to a third-party
43	43	reviewer the ability to approve a development application or
44	44	conduct a development inspection.
45	45	(b) If a municipality fails to complete at least 80 percent
46	46	of the total number of development applications and requests for
47	47	development inspections the municipality receives in a calendar
48	48	year in accordance with the deadlines prescribed by this subchapter
49	49	for two consecutive years, the governing body of the municipality
50	50	must delegate to third-party reviewers the ability to approve all
51	51	development applications and conduct all development inspections
52	52	for the five calendar years following that second consecutive year.
53	53	(c) A third-party reviewer shall process a development
54	54	application or complete a development inspection in accordance with
55	55	the deadlines and other approval procedures prescribed by this
56	56	subchapter as if the reviewer is the municipal authority.
57	57	(d) A municipality may audit the work of a third-party
58	58	reviewer with a third-party auditor. The auditor must be an
59	59	architect, engineer, or other appropriate professional who is
60	60	licensed, certified, or regulated by this state.
61	61	(e) A development application or development inspection
62	62	that is begun by a third-party reviewer must be completed by the
63	63	reviewer regardless of whether the governing body of the
64	64	municipality elects to discontinue delegation authorized by
65	65	Subsection (a) or the mandatory period of delegation prescribed by
66	66	Subsection (b) expires.
67	67	Sec. 212.029. THIRD-PARTY AUDITOR TRAINING. (a) The Texas
68	68	Department of Housing and Community Affairs, in coordination with
69	69	the Texas Department of Licensing and Regulation and other
70	70	appropriate state agencies, shall:
71	71	(1) develop requirements for certifying, insuring,
72	72	and auditing third-party reviewers; and
73	73	(2) develop and offer training programs for
74	74	third-party reviewers that establish best practices.
75	75	(b) The Texas Department of Housing and Community Affairs
76	76	may adopt rules necessary to implement this section.
77	77	SECTION 3. Sections 212.0085, 212.009, 212.0091, 212.0093,
78	78	212.0095, 212.0096, 212.0097, and 212.0099, Local Government Code,
79	79	are transferred to Subchapter A-1, Chapter 212, Local Government
80	80	Code, as added by this Act, redesignated as Sections 212.022,
81	81	212.023, 212.024, 212.025, 212.026, 212.027, 212.030, and 212.031,
82	82	respectively, and amended to read as follows:
83	83	Sec. 212.022 [212.0085]. [APPROVAL PROCEDURE:]
84	84	APPLICABILITY OF SUBCHAPTER. The approval procedures under this
85	85	subchapter apply to a municipality regardless of whether the
86	86	municipality has entered into an interlocal agreement, including an
87	87	interlocal agreement between a municipality and county under
88	88	Section 242.001(d).
89	89	Sec. 212.023 [212.009]. [APPROVAL PROCEDURE:] INITIAL
90	90	APPROVAL. (a) A [The] municipal authority [responsible for
91	91	approving plats] shall approve, approve with conditions, or
92	92	disapprove a plan or plat, approve or disapprove a development
93	93	permit, or complete a development inspection not later than the
94	94	30th day [within 30 days] after the date the plan, [or] plat, or
95	95	permit application is filed or the inspection is requested. A plan,
96	96	[or] plat, or development permit is approved by the municipal
97	97	authority unless it is disapproved within that period and in
98	98	accordance with this subchapter [Section 212.0091]. A development
99	99	inspection requirement is waived unless the inspection is completed
100	100	within that period and in accordance with this subchapter.
101	101	(b) If an ordinance requires that a plan, [or] plat, or
102	102	development permit be approved by the governing body of the
103	103	municipality in addition to any other municipal authority [the
104	104	planning commission], the governing body shall approve, approve
105	105	with conditions, or disapprove the plan or plat, or approve or
106	106	disapprove the permit, as applicable, not later than the 30th day
107	107	[within 30 days] after the date the plan, [or] plat, or permit is
108	108	approved by the other authority [planning commission] or is
109	109	approved by the inaction of that authority [the commission]. A
110	110	plan, [or] plat, or development permit is approved by the governing
111	111	body unless it is disapproved within that period and in accordance
112	112	with this subchapter [Section 212.0091].
113	113	(c) [(b-1)] Notwithstanding Subsection (a) or (b), if a
114	114	groundwater availability certification is required under Section
115	115	212.0101, the 30-day period described by those subsections to
116	116	approve, approve with conditions, or disapprove a plat begins on
117	117	the date the applicant submits the groundwater availability
118	118	certification to the applicable municipal authority [responsible
119	119	for approving plats or the governing body of the municipality, as
120	120	applicable].
121	121	(d) [(b-2)] Notwithstanding Subsection (a) or (b), the
122	122	parties may extend the 30-day period described by those subsections
123	123	for a period not to exceed 30 days if:
124	124	(1) the applicant requests the extension in writing to
125	125	the applicable municipal authority [responsible for approving
126	126	plats or the governing body of the municipality, as applicable];
127	127	and
128	128	(2) the [municipal] authority [or governing body, as
129	129	applicable,] approves the extension request.
130	130	(e) [(c)] If a plan or plat is approved, the municipal
131	131	authority giving the approval shall endorse the plan or plat with a
132	132	certificate indicating the approval. The certificate must be
133	133	signed by:
134	134	(1) the authority's presiding officer and attested by
135	135	the authority's secretary; or
136	136	(2) a majority of the members of the authority.
137	137	(f) [(d)] If the municipal authority [responsible for
138	138	approving plats] fails to approve, approve with conditions, or
139	139	disapprove a plan or plat within the prescribed period, the
140	140	authority on the applicant's request shall issue a certificate
141	141	stating the date the plan or plat was filed and that the authority
142	142	failed to act on the plan or plat within the period. The
143	143	certificate is effective in place of the endorsement required by
144	144	Subsection (e) [(c)].
145	145	(g) [(e)] The municipal authority [responsible for
146	146	approving plats] shall maintain a record of each development
147	147	application and request for a development inspection made to the
148	148	authority and the authority's action taken on it. On request of an
149	149	owner of an affected tract, the authority shall certify the reasons
150	150	for the action taken on an application.
151	151	Sec. 212.024 [212.0091]. [APPROVAL PROCEDURE:]
152	152	CONDITIONAL APPROVAL OR DISAPPROVAL REQUIREMENTS. (a) A municipal
153	153	authority [or governing body] that conditionally approves or
154	154	disapproves a plan or plat, or disapproves a development permit,
155	155	under this subchapter shall provide the applicant a written
156	156	statement of the conditions for the conditional approval or reasons
157	157	for disapproval, as applicable, that clearly articulates each
158	158	specific condition for the conditional approval or reason for
159	159	disapproval.
160	160	(b) Each condition or reason specified in the written
161	161	statement:
162	162	(1) must:
163	163	(A) be directly related to the requirements
164	164	prescribed by law for the applicable development project [under
165	165	this subchapter]; and
166	166	(B) include a citation to the law, including a
167	167	statute or municipal ordinance, that is the basis for the
168	168	conditional approval or disapproval, if applicable; and
169	169	(2) may not be arbitrary.
170	170	Sec. 212.025 [212.0093]. [APPROVAL PROCEDURE:] APPLICANT
171	171	RESPONSE TO CONDITIONAL APPROVAL OR DISAPPROVAL. After the
172	172	conditional approval or disapproval of a plan or plat, or
173	173	disapproval of a development permit, under Section 212.024
174	174	[212.0091], the applicant may submit to the municipal authority [or
175	175	governing body] that conditionally approved or disapproved the
176	176	plan, [or] plat, or permit a written response that satisfies each
177	177	condition for the conditional approval or remedies each reason for
178	178	disapproval provided. The municipal authority [or governing body]
179	179	may not establish a deadline for an applicant to submit the
180	180	response.
181	181	Sec. 212.026 [212.0095]. [APPROVAL PROCEDURE:] APPROVAL OR
182	182	DISAPPROVAL OF RESPONSE. (a) A municipal authority [or governing
183	183	body] that receives a response under Section 212.025 [212.0093]
184	184	shall determine whether to approve or disapprove the applicant's
185	185	previously conditionally approved or disapproved plan or plat, or
186	186	disapproved development permit, not later than the 15th day after
187	187	the date the response was submitted.
188	188	(b) A municipal authority [or governing body] that
189	189	conditionally approves or disapproves a plan or plat, or
190	190	disapproves a development permit, following the submission of a
191	191	response under Section 212.025 [212.0093]:
192	192	(1) must comply with Section 212.024 [212.0091]; and
193	193	(2) may disapprove the plan, [or] plat, or permit only
194	194	for a specific condition or reason provided to the applicant under
195	195	Section 212.024 [212.0091].
196	196	(c) A municipal authority [or governing body] that receives
197	197	a response under Section 212.025 [212.0093] shall approve a
198	198	previously conditionally approved or disapproved plan or plat, or
199	199	disapproved development permit, if the response adequately
200	200	addresses each condition of the conditional approval or each reason
201	201	for the disapproval.
202	202	(d) A previously conditionally approved or disapproved plan
203	203	or plat, or disapproved development permit, is approved if:
204	204	(1) the applicant filed a response that meets the
205	205	requirements of Subsection (c); and
206	206	(2) the municipal authority [or governing body] that
207	207	received the response does not disapprove the plan, [or] plat, or
208	208	permit on or before the date required by Subsection (a) and in
209	209	accordance with Section 212.024 [212.0091].
210	210	Sec. 212.027 [212.0096]. [APPROVAL PROCEDURE:]
211	211	ALTERNATIVE APPROVAL PROCESS. (a) Notwithstanding Sections
212	212	212.023 [212.009], 212.024 [212.0091], 212.025 [212.0093], and
213	213	212.026 [212.0095], an applicant may elect at any time to seek
214	214	approval for a plan, [or] plat, or development permit under an
215	215	alternative approval process adopted by a municipality if the
216	216	process allows for a shorter approval period than the approval
217	217	process described by Sections 212.023 [212.009], 212.024
218	218	[212.0091], 212.025 [212.0093], and 212.026 [212.0095].
219	219	(b) An applicant that elects to seek approval under the
220	220	alternative approval process described by Subsection (a) is not:
221	221	(1) required to satisfy the requirements of Sections
222	222	212.023 [212.009], 212.024 [212.0091], 212.025 [212.0093], and
223	223	212.026 [212.0095] before bringing an action challenging a
224	224	disapproval of a plan, [or] plat, or development permit under this
225	225	subchapter; and
226	226	(2) prejudiced in any manner in bringing the action
227	227	described by Subdivision (1), including satisfying a requirement to
228	228	exhaust any and all remedies.
229	229	Sec. 212.030 [212.0097]. [APPROVAL PROCEDURE:] WAIVER
230	230	PROHIBITED. A municipal authority [responsible for approving plats
231	231	or the governing body of a municipality] may not request or require
232	232	an applicant to waive a deadline or other approval procedure under
233	233	this subchapter.
234	234	Sec. 212.031 [212.0099]. JUDICIAL REVIEW OF DISAPPROVAL.
235	235	In a legal action challenging a disapproval of a plan, [or] plat, or
236	236	development permit under this subchapter, the municipality has the
237	237	burden of proving by clear and convincing evidence that the
238	238	disapproval meets the requirements of this subchapter or any
239	239	applicable case law. The court may not use a deferential standard.
240	240	SECTION 4. Section 212.0155(e), Local Government Code, is
241	241	amended to read as follows:
242	242	(e) The municipal authority may not approve the new plat
243	243	without adequate consideration of testimony and the record from the
244	244	public hearings and making the findings required by Subsection (k).
245	245	Not later than the 30th day after the date on which all proceedings
246	246	necessary for the public hearings have concluded, the municipal
247	247	authority shall take action on the application for the new plat.
248	248	Sections 212.023(a) [212.009(a)] and (b) do not apply to the
249	249	approval of plats under this section.
250	250	SECTION 5. Section 242.001(c), Local Government Code, is
251	251	amended to read as follows:
252	252	(c) Except as provided by Subsections (d)(3) and (4), a
253	253	municipality and a county may not both regulate subdivisions and
254	254	approve related permits in the extraterritorial jurisdiction of a
255	255	municipality after an agreement under Subsection (d) is executed.
256	256	The municipality and the county shall enter into a written
257	257	agreement that identifies the governmental entity authorized to
258	258	regulate subdivision plats and approve related permits in the
259	259	extraterritorial jurisdiction. For a municipality in existence on
260	260	September 1, 2001, the municipality and county shall enter into a
261	261	written agreement under this subsection on or before April 1, 2002.
262	262	For a municipality incorporated after September 1, 2001, the
263	263	municipality and county shall enter into a written agreement under
264	264	this subsection not later than the 120th day after the date the
265	265	municipality incorporates. On reaching an agreement, the
266	266	municipality and county shall certify that the agreement complies
267	267	with the requirements of this chapter. The municipality and the
268	268	county shall adopt the agreement by order, ordinance, or
269	269	resolution. The agreement must be amended by the municipality and
270	270	the county if necessary to take into account an expansion or
271	271	reduction in the extraterritorial jurisdiction of the
272	272	municipality. The municipality shall notify the county of any
273	273	expansion or reduction in the municipality's extraterritorial
274	274	jurisdiction. Any expansion or reduction in the municipality's
275	275	extraterritorial jurisdiction that affects property that is
276	276	subject to a preliminary or final plat, a plat application, or an
277	277	application for a related permit filed with the municipality or the
278	278	county or that was previously approved under Section 212.023
279	279	[212.009] or Chapter 232 does not affect any rights accrued under
280	280	Chapter 245. The approval of the plat, any permit, a plat
281	281	application, or an application for a related permit remains
282	282	effective as provided by Chapter 245 regardless of the change in
283	283	designation as extraterritorial jurisdiction of the municipality.
284	284	SECTION 6. Section 242.003(c), Local Government Code, is
285	285	amended to read as follows:
286	286	(c) The agreement must be amended by the county and the
287	287	municipality if necessary to take into account an expansion or
288	288	reduction in the extraterritorial jurisdiction of the
289	289	municipality. The municipality shall notify the county of any
290	290	expansion or reduction in the municipality's extraterritorial
291	291	jurisdiction. Any expansion or reduction in the municipality's
292	292	extraterritorial jurisdiction that affects property that is
293	293	subject to a preliminary or final plat, a plat application, or an
294	294	application for a related permit filed with the municipality or the
295	295	county or that was previously approved under Section 212.023
296	296	[212.009] or Chapter 232 does not affect any rights accrued under
297	297	Chapter 245. The approval of the plat, any permit, a plat
298	298	application, or an application for a related permit remains
299	299	effective as provided by Chapter 245 regardless of the change in
300	300	designation as extraterritorial jurisdiction of the municipality.
301	301	SECTION 7. Section 214.904, Local Government Code, is
302	302	repealed.
303	303	SECTION 8. The requirement that a municipality process a
304	304	certain percentage of development applications and development
305	305	inspections in a calendar year as prescribed by Section 212.028(b),
306	306	Local Government Code, as added by this Act, applies only to a
307	307	calendar year that begins on or after the effective date of this
308	308	Act.
309	309	SECTION 9. Not later than the effective date of this Act,
310	310	the Texas Department of Housing and Community Affairs shall comply
311	311	with the requirements of Section 212.029, Local Government Code, as
312	312	added by this Act.
313	313	SECTION 10. The changes in law made by this Act apply only
314	314	to a development application or request for a development
315	315	inspection, as those terms are defined by Section 212.021, Local
316	316	Government Code, as added by this Act, submitted on or after the
317	317	effective date of this Act.
318	318	SECTION 11. This Act takes effect January 1, 2024.