By: Bettencourt S.R. No. 716
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 88th
Legislature, Regular Session, 2023, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill 3697 (county regulation of subdivisions and approval
of subdivision plans or plats) to consider and take action on the
following matters:
(1) Senate Rules 12.03(1), (3), and (4) are suspended to
permit the committee to change, alter, or amend text which is not
in disagreement, to add text on any matter which is not in
disagreement, and to add text on any matter which is not included
in either the house or senate version of the bill in proposed
SECTION 1 of the bill, in Section 232.001, Local Government Code,
by amending Subsection (a) and adding Subsection (g) to read as
follows:
(a) The owner of a tract of land located outside the
limits of a municipality must have a plat of the subdivision
prepared if the owner divides the tract into two or more parts to
lay out:
(1) a subdivision of the tract, including an
addition;
(2) lots; or
(3) streets, alleys, squares, parks, or other parts
of the tract intended by the owner of the tract to be dedicated to
public use [or for the use of purchasers or owners of lots
fronting on or adjacent to the streets, alleys, squares, parks,
or other parts].
(g) A plat is considered filed on the date the applicant
submits the plat, along with a completed plat application and the
application fees and other requirements prescribed by or under
this subchapter, to:
(1) the commissioners court; or
(2) the county authority responsible for approving
plats.
Explanation: The change is necessary to repeal the plat
preparation requirement in relation to purchasers or owners of
certain lots and to specify the date on which a plat is considered
filed.
(2) Senate Rule 12.03(4) is suspended to permit the
committee to add text on any matter which is not included in
either the house or senate version of the bill by adding the
following SECTIONS to the bill:
SECTION 2. Subchapter A, Chapter 232, Local Government
Code, is amended by adding Sections 232.0012 and 232.0022 to read
as follows:
Sec. 232.0012. CONSTRUCTION OF SUBCHAPTER. This
subchapter may not be construed to restrict a county from
establishing a submittal calendar to be used by an applicant to
facilitate compliance with the approval process described by
Sections 232.0025, 232.0026, 232.0027, and 232.0028.
Sec. 232.0022. DELEGATION OF APPROVAL RESPONSIBILITY.
(a) The commissioners court of a county or the court's designee
may designate to one or more officers or employees of the county
the authority to approve, approve with conditions, or disapprove
a plat.
(b) An applicant has the right to appeal to the
commissioners court or the court's designee if the designated
person or persons disapprove a plat.
SECTION 3. The heading to Section 232.0025, Local
Government Code, is amended to read as follows:
Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF
PLATS [AND PLANS].
SECTION 5. Section 232.0026(a), Local Government Code,
is amended to read as follows:
(a) A commissioners court or county authority
responsible for approving plats [designee] that conditionally
approves or disapproves of a plat application under this
subchapter shall provide the applicant a written statement of the
conditions for the conditional approval or the reasons for
disapproval that clearly articulates each specific condition for
the conditional approval or reason for disapproval.
SECTION 6. Sections 232.0027 and 232.0028, Local
Government Code, are amended to read as follows:
Sec. 232.0027. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
approval or disapproval of a plat application under Section
232.0026, the applicant may submit to the commissioners court or
county authority responsible for approving plats [designee] that
conditionally approved or disapproved the application a written
response that satisfies each condition for the conditional
approval or remedies each reason for disapproval provided. The
commissioners court or county authority [designee] may not
establish a deadline for an applicant to submit the response.
Sec. 232.0028. APPROVAL PROCEDURE: APPROVAL OR
DISAPPROVAL OF RESPONSE. (a) A commissioners court or county
authority responsible for approving plats [designee] that
receives a response under Section 232.0027 shall determine
whether to approve or disapprove the applicant's previously
conditionally approved or disapproved plat application not later
than the 15th day after the date the response was submitted under
Section 232.0027.
(b) A commissioners court or county authority
responsible for approving plats [designee] that conditionally
approves or disapproves a plat application following the
submission of a response under Section 232.0027:
(1) must comply with Section 232.0026; and
(2) may disapprove the application only for a
specific condition or reason provided to the applicant for the
original application under Section 232.0026.
(c) A commissioners court or county authority
responsible for approving plats [designee] that receives a
response under Section 232.0027 shall approve a previously
conditionally approved or disapproved plat application if the
applicant's response adequately addresses each condition for the
conditional approval or each reason for the disapproval.
(d) A previously conditionally approved or disapproved
plat application is approved if:
(1) the applicant filed a response that meets the
requirements of Subsection (c); and
(2) the commissioners court or county authority
responsible for approving plats [designee] that received the
response does not disapprove the application on or before the
date required by Subsection (a) and in accordance with Section
232.0026.
SECTION 8. Section 232.0025(d-1), Local Government Code,
is repealed.
Explanation: The change is necessary to provide
limitations on county regulation of subdivisions and approval of
subdivision plats and plans.
(3) Senate Rule 12.03(4) is suspended to permit the
committee to add text on any matter which is not included in
either the house or senate version of the bill in proposed
SECTION 4 of the bill, by amending Sections 232.0025(b), (c),
(d), (f), (g), and (h), Local Government Code, and adding Section
232.0025(f-1), Local Government Code, to read as follows:
(b) If a person submits a plat application to the
commissioners court that does not include all of the
documentation or other information required by Subsection (a),
the commissioners court or the county authority responsible for
approving plats [court's designee] shall, not later than the 10th
business day after the date the commissioners court receives the
application, notify the applicant of the missing documents or
other information. The commissioners court shall allow an
applicant to timely submit the missing documents or other
information.
(c) An application is considered complete when all
documentation or other information required by Subsection (a) is
received. Acceptance by the commissioners court or the county
authority responsible for approving plats [court's designee] of
a completed plat application with the documentation or other
information required by Subsection (a) shall not be construed as
approval of the documentation or other information.
(d) Except as provided by Subsection (f), the
commissioners court or the county authority responsible for
approving plats [court's designee] shall approve, approve with
conditions, or disapprove a plat application not later than the
30th day after the date the completed application is received by
the commissioners court or the county authority [court's
designee]. An application is approved by the commissioners court
or the county authority [court's designee] unless the
application is disapproved within that period and in accordance
with Section 232.0026.
(f) The 30-day period under Subsection (d):
(1) for a purpose related to Chapter 2007,
Government Code, may be extended for a period not to exceed 30
days, if:
(A) requested and agreed to in writing by the
applicant and approved by the commissioners court or the county
authority responsible for approving plats [court's designee]; or
(B) Chapter 2007, Government Code, requires
the county to perform a takings impact assessment in connection
with the plat application; or [and]
(2) for a purpose unrelated to Chapter 2007,
Government Code, may be extended for one or more periods, not to
exceed 30 days, if requested and agreed to in writing by the
applicant and approved by the commissioners court or the county
authority.
(f-1) The 30-day period under Subsection (d) applies only
to a decision wholly within the control of the commissioners
court or the county authority responsible for approving plats
[court's designee].
(g) The commissioners court or the county authority
responsible for approving plats [court's designee] shall make
the determination under Subsection (f)(1) of whether the 30-day
period will be extended not later than the 20th day after the date
a completed plat application is received by the commissioners
court or the county authority [court's designee].
(h) The commissioners court or the county authority
responsible for approving plats [court's designee] may not
require an applicant to waive the time limits or approval
procedure contained in this subchapter.
Explanation: The change is necessary to conform to other
changes made in the bill and to change requirements relating to
the timely approval of plat applications.
(4) Senate Rules 12.03(1), (3), and (4) are suspended to
permit the committee to change, alter, or amend text which is not
in disagreement, to add text on any matter which is not in
disagreement, and to add text on any matter which is not included
in either the house or senate version of the bill in proposed
SECTION 4 of the bill, by amending Section 232.0025(i), Local
Government Code, to read as follows:
(i) If the commissioners court or the county authority
responsible for approving plats [court's designee] fails to
approve, approve with conditions, or disapprove a plat
application as required by this subchapter:
(1) the commissioners court shall refund the
greater of the unexpended portion of any application fee or
deposit or 50 percent of an application fee or deposit that has
been paid;
(2) the application is granted by operation of law;
[and]
(3) the applicant may apply to a district court in
the county where the tract of land is located for a writ of
mandamus to compel the commissioners court to issue documents
recognizing the plat application's approval;
(4) the applicant shall recover reasonable
attorney's fees and court costs incurred in bringing an action
under Subdivision (3) if the applicant prevails; and
(5) the county may recover reasonable attorney's
fees and court costs incurred in an action brought under
Subdivision (3) if the county prevails and the court finds the
action is frivolous.
Explanation: The change is necessary to conform to other
changes made in the bill and to provide for the awarding of
attorney's fees and court costs in certain actions.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 28, 2023, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate