Texas 2023 - 88th Regular

Texas Senate Bill SR716 Compare Versions

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1	1	By: Bettencourt S.R. No. 716
2	2
3	3
4	4	SENATE RESOLUTION
5	5	BE IT RESOLVED by the Senate of the State of Texas, 88th
6	6	Legislature, Regular Session, 2023, That Senate Rule 12.03 be
7	7	suspended in part as provided by Senate Rule 12.08 to enable the
8	8	conference committee appointed to resolve the differences on
9	9	House Bill 3697 (county regulation of subdivisions and approval
10	10	of subdivision plans or plats) to consider and take action on the
11	11	following matters:
12	12	(1) Senate Rules 12.03(1), (3), and (4) are suspended to
13	13	permit the committee to change, alter, or amend text which is not
14	14	in disagreement, to add text on any matter which is not in
15	15	disagreement, and to add text on any matter which is not included
16	16	in either the house or senate version of the bill in proposed
17	17	SECTION 1 of the bill, in Section 232.001, Local Government Code,
18	18	by amending Subsection (a) and adding Subsection (g) to read as
19	19	follows:
20	20	(a) The owner of a tract of land located outside the
21	21	limits of a municipality must have a plat of the subdivision
22	22	prepared if the owner divides the tract into two or more parts to
23	23	lay out:
24	24	(1) a subdivision of the tract, including an
25	25	addition;
26	26	(2) lots; or
27	27	(3) streets, alleys, squares, parks, or other parts
28	28	of the tract intended by the owner of the tract to be dedicated to
29	29	public use [or for the use of purchasers or owners of lots
30	30	fronting on or adjacent to the streets, alleys, squares, parks,
31	31	or other parts].
32	32	(g) A plat is considered filed on the date the applicant
33	33	submits the plat, along with a completed plat application and the
34	34	application fees and other requirements prescribed by or under
35	35	this subchapter, to:
36	36	(1) the commissioners court; or
37	37	(2) the county authority responsible for approving
38	38	plats.
39	39	Explanation: The change is necessary to repeal the plat
40	40	preparation requirement in relation to purchasers or owners of
41	41	certain lots and to specify the date on which a plat is considered
42	42	filed.
43	43	(2) Senate Rule 12.03(4) is suspended to permit the
44	44	committee to add text on any matter which is not included in
45	45	either the house or senate version of the bill by adding the
46	46	following SECTIONS to the bill:
47	47	SECTION 2. Subchapter A, Chapter 232, Local Government
48	48	Code, is amended by adding Sections 232.0012 and 232.0022 to read
49	49	as follows:
50	50	Sec. 232.0012. CONSTRUCTION OF SUBCHAPTER. This
51	51	subchapter may not be construed to restrict a county from
52	52	establishing a submittal calendar to be used by an applicant to
53	53	facilitate compliance with the approval process described by
54	54	Sections 232.0025, 232.0026, 232.0027, and 232.0028.
55	55	Sec. 232.0022. DELEGATION OF APPROVAL RESPONSIBILITY.
56	56	(a) The commissioners court of a county or the court's designee
57	57	may designate to one or more officers or employees of the county
58	58	the authority to approve, approve with conditions, or disapprove
59	59	a plat.
60	60	(b) An applicant has the right to appeal to the
61	61	commissioners court or the court's designee if the designated
62	62	person or persons disapprove a plat.
63	63	SECTION 3. The heading to Section 232.0025, Local
64	64	Government Code, is amended to read as follows:
65	65	Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF
66	66	PLATS [AND PLANS].
67	67	SECTION 5. Section 232.0026(a), Local Government Code,
68	68	is amended to read as follows:
69	69	(a) A commissioners court or county authority
70	70	responsible for approving plats [designee] that conditionally
71	71	approves or disapproves of a plat application under this
72	72	subchapter shall provide the applicant a written statement of the
73	73	conditions for the conditional approval or the reasons for
74	74	disapproval that clearly articulates each specific condition for
75	75	the conditional approval or reason for disapproval.
76	76	SECTION 6. Sections 232.0027 and 232.0028, Local
77	77	Government Code, are amended to read as follows:
78	78	Sec. 232.0027. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
79	79	CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
80	80	approval or disapproval of a plat application under Section
81	81	232.0026, the applicant may submit to the commissioners court or
82	82	county authority responsible for approving plats [designee] that
83	83	conditionally approved or disapproved the application a written
84	84	response that satisfies each condition for the conditional
85	85	approval or remedies each reason for disapproval provided. The
86	86	commissioners court or county authority [designee] may not
87	87	establish a deadline for an applicant to submit the response.
88	88	Sec. 232.0028. APPROVAL PROCEDURE: APPROVAL OR
89	89	DISAPPROVAL OF RESPONSE. (a) A commissioners court or county
90	90	authority responsible for approving plats [designee] that
91	91	receives a response under Section 232.0027 shall determine
92	92	whether to approve or disapprove the applicant's previously
93	93	conditionally approved or disapproved plat application not later
94	94	than the 15th day after the date the response was submitted under
95	95	Section 232.0027.
96	96	(b) A commissioners court or county authority
97	97	responsible for approving plats [designee] that conditionally
98	98	approves or disapproves a plat application following the
99	99	submission of a response under Section 232.0027:
100	100	(1) must comply with Section 232.0026; and
101	101	(2) may disapprove the application only for a
102	102	specific condition or reason provided to the applicant for the
103	103	original application under Section 232.0026.
104	104	(c) A commissioners court or county authority
105	105	responsible for approving plats [designee] that receives a
106	106	response under Section 232.0027 shall approve a previously
107	107	conditionally approved or disapproved plat application if the
108	108	applicant's response adequately addresses each condition for the
109	109	conditional approval or each reason for the disapproval.
110	110	(d) A previously conditionally approved or disapproved
111	111	plat application is approved if:
112	112	(1) the applicant filed a response that meets the
113	113	requirements of Subsection (c); and
114	114	(2) the commissioners court or county authority
115	115	responsible for approving plats [designee] that received the
116	116	response does not disapprove the application on or before the
117	117	date required by Subsection (a) and in accordance with Section
118	118	232.0026.
119	119	SECTION 8. Section 232.0025(d-1), Local Government Code,
120	120	is repealed.
121	121	Explanation: The change is necessary to provide
122	122	limitations on county regulation of subdivisions and approval of
123	123	subdivision plats and plans.
124	124	(3) Senate Rule 12.03(4) is suspended to permit the
125	125	committee to add text on any matter which is not included in
126	126	either the house or senate version of the bill in proposed
127	127	SECTION 4 of the bill, by amending Sections 232.0025(b), (c),
128	128	(d), (f), (g), and (h), Local Government Code, and adding Section
129	129	232.0025(f-1), Local Government Code, to read as follows:
130	130	(b) If a person submits a plat application to the
131	131	commissioners court that does not include all of the
132	132	documentation or other information required by Subsection (a),
133	133	the commissioners court or the county authority responsible for
134	134	approving plats [court's designee] shall, not later than the 10th
135	135	business day after the date the commissioners court receives the
136	136	application, notify the applicant of the missing documents or
137	137	other information. The commissioners court shall allow an
138	138	applicant to timely submit the missing documents or other
139	139	information.
140	140	(c) An application is considered complete when all
141	141	documentation or other information required by Subsection (a) is
142	142	received. Acceptance by the commissioners court or the county
143	143	authority responsible for approving plats [court's designee] of
144	144	a completed plat application with the documentation or other
145	145	information required by Subsection (a) shall not be construed as
146	146	approval of the documentation or other information.
147	147	(d) Except as provided by Subsection (f), the
148	148	commissioners court or the county authority responsible for
149	149	approving plats [court's designee] shall approve, approve with
150	150	conditions, or disapprove a plat application not later than the
151	151	30th day after the date the completed application is received by
152	152	the commissioners court or the county authority [court's
153	153	designee]. An application is approved by the commissioners court
154	154	or the county authority [court's designee] unless the
155	155	application is disapproved within that period and in accordance
156	156	with Section 232.0026.
157	157	(f) The 30-day period under Subsection (d):
158	158	(1) for a purpose related to Chapter 2007,
159	159	Government Code, may be extended for a period not to exceed 30
160	160	days, if:
161	161	(A) requested and agreed to in writing by the
162	162	applicant and approved by the commissioners court or the county
163	163	authority responsible for approving plats [court's designee]; or
164	164	(B) Chapter 2007, Government Code, requires
165	165	the county to perform a takings impact assessment in connection
166	166	with the plat application; or [and]
167	167	(2) for a purpose unrelated to Chapter 2007,
168	168	Government Code, may be extended for one or more periods, not to
169	169	exceed 30 days, if requested and agreed to in writing by the
170	170	applicant and approved by the commissioners court or the county
171	171	authority.
172	172	(f-1) The 30-day period under Subsection (d) applies only
173	173	to a decision wholly within the control of the commissioners
174	174	court or the county authority responsible for approving plats
175	175	[court's designee].
176	176	(g) The commissioners court or the county authority
177	177	responsible for approving plats [court's designee] shall make
178	178	the determination under Subsection (f)(1) of whether the 30-day
179	179	period will be extended not later than the 20th day after the date
180	180	a completed plat application is received by the commissioners
181	181	court or the county authority [court's designee].
182	182	(h) The commissioners court or the county authority
183	183	responsible for approving plats [court's designee] may not
184	184	require an applicant to waive the time limits or approval
185	185	procedure contained in this subchapter.
186	186	Explanation: The change is necessary to conform to other
187	187	changes made in the bill and to change requirements relating to
188	188	the timely approval of plat applications.
189	189	(4) Senate Rules 12.03(1), (3), and (4) are suspended to
190	190	permit the committee to change, alter, or amend text which is not
191	191	in disagreement, to add text on any matter which is not in
192	192	disagreement, and to add text on any matter which is not included
193	193	in either the house or senate version of the bill in proposed
194	194	SECTION 4 of the bill, by amending Section 232.0025(i), Local
195	195	Government Code, to read as follows:
196	196	(i) If the commissioners court or the county authority
197	197	responsible for approving plats [court's designee] fails to
198	198	approve, approve with conditions, or disapprove a plat
199	199	application as required by this subchapter:
200	200	(1) the commissioners court shall refund the
201	201	greater of the unexpended portion of any application fee or
202	202	deposit or 50 percent of an application fee or deposit that has
203	203	been paid;
204	204	(2) the application is granted by operation of law;
205	205	[and]
206	206	(3) the applicant may apply to a district court in
207	207	the county where the tract of land is located for a writ of
208	208	mandamus to compel the commissioners court to issue documents
209	209	recognizing the plat application's approval;
210	210	(4) the applicant shall recover reasonable
211	211	attorney's fees and court costs incurred in bringing an action
212	212	under Subdivision (3) if the applicant prevails; and
213	213	(5) the county may recover reasonable attorney's
214	214	fees and court costs incurred in an action brought under
215	215	Subdivision (3) if the county prevails and the court finds the
216	216	action is frivolous.
217	217	Explanation: The change is necessary to conform to other
218	218	changes made in the bill and to provide for the awarding of
219	219	attorney's fees and court costs in certain actions.
220	220	_______________________________
221	221	President of the Senate
222	222	I hereby certify that the
223	223	above Resolution was adopted by
224	224	the Senate on May 28, 2023, by the
225	225	following vote: Yeas 31, Nays 0.
226	226	_______________________________
227	227	Secretary of the Senate