Texas 2023 - 88th Regular

Texas Senate Bill SR717 Compare Versions

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1	1	By: Bettencourt S.R. No. 717
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 3699 (municipal regulation of subdivisions and
10	10	approval of subdivision plans or plats) to consider and take
11	11	action on the following matters:
12	12	(1) Senate Rule 12.03(4) is suspended to permit the
13	13	committee to add text on a matter which is not included in either
14	14	the house or senate version of the bill by adding the following
15	15	SECTIONS to the bill:
16	16	SECTION 1. Sections 212.001(2) and (3), Local Government
17	17	Code, are amended to read as follows:
18	18	(2) ["Plan" means a subdivision development plan,
19	19	including a subdivision plan, subdivision construction plan,
20	20	site plan, land development application, and site development
21	21	plan.
22	22	[(3)] "Plat" includes a preliminary plat, [general
23	23	plan,] final plat, and replat.
24	24	SECTION 2. Subchapter A, Chapter 212, Local Government
25	25	Code, is amended by adding Section 212.0015 to read as follows:
26	26	Sec. 212.0015. CONSTRUCTION OF SUBCHAPTER. This
27	27	subchapter may not be construed to restrict a municipality from
28	28	establishing a submittal calendar to be used by an applicant to
29	29	facilitate compliance with the approval process described by
30	30	Sections 212.009, 212.0091, 212.0093, and 212.0095.
31	31	SECTION 6. Sections 212.0065(a) and (c), Local
32	32	Government Code, are amended to read as follows:
33	33	(a) The governing body of a municipality or the municipal
34	34	planning commission may delegate to one or more officers or
35	35	employees of the municipality or of a utility owned or operated
36	36	by the municipality the ability to approve, approve with
37	37	conditions, or disapprove a plat [:
38	38	[(1) amending plats described by Section 212.016;
39	39	[(2) minor plats or replats involving four or fewer
40	40	lots fronting on an existing street and not requiring the
41	41	creation of any new street or the extension of municipal
42	42	facilities; or
43	43	[(3) a replat under Section 212.0145 that does not
44	44	require the creation of any new street or the extension of
45	45	municipal facilities].
46	46	(c) An applicant has the right to appeal to the governing
47	47	body of the municipality or the municipal planning commission if
48	48	the designated [The] person disapproves a [or persons shall not
49	49	disapprove the] plat [and shall be required to refer any plat
50	50	which the person or persons refuse to approve to the municipal
51	51	authority responsible for approving plats within the time period
52	52	specified in Section 212.009].
53	53	SECTION 9. Section 212.0091(a), Local Government Code,
54	54	is amended to read as follows:
55	55	(a) A municipal authority or governing body that
56	56	conditionally approves or disapproves a [plan or] plat under this
57	57	subchapter shall provide the applicant a written statement of the
58	58	conditions for the conditional approval or reasons for
59	59	disapproval that clearly articulates each specific condition for
60	60	the conditional approval or reason for disapproval.
61	61	SECTION 10. Sections 212.0093, 212.0095, and 212.0096,
62	62	Local Government Code, are amended to read as follows:
63	63	Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
64	64	CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
65	65	approval or disapproval of a [plan or] plat under Section
66	66	212.0091, the applicant may submit to the municipal authority or
67	67	governing body that conditionally approved or disapproved the
68	68	[plan or] plat a written response that satisfies each condition
69	69	for the conditional approval or remedies each reason for
70	70	disapproval provided. The municipal authority or governing body
71	71	may not establish a deadline for an applicant to submit the
72	72	response.
73	73	Sec. 212.0095. APPROVAL PROCEDURE: APPROVAL OR
74	74	DISAPPROVAL OF RESPONSE. (a) A municipal authority or governing
75	75	body that receives a response under Section 212.0093 shall
76	76	determine whether to approve or disapprove the applicant's
77	77	previously conditionally approved or disapproved [plan or] plat
78	78	not later than the 15th day after the date the response was
79	79	submitted.
80	80	(b) A municipal authority or governing body that
81	81	conditionally approves or disapproves a [plan or] plat following
82	82	the submission of a response under Section 212.0093:
83	83	(1) must comply with Section 212.0091; and
84	84	(2) may disapprove the [plan or] plat only for a
85	85	specific condition or reason provided to the applicant under
86	86	Section 212.0091.
87	87	(c) A municipal authority or governing body that receives
88	88	a response under Section 212.0093 shall approve a previously
89	89	conditionally approved or disapproved [plan or] plat if the
90	90	response adequately addresses each condition of the conditional
91	91	approval or each reason for the disapproval.
92	92	(d) A previously conditionally approved or disapproved
93	93	[plan or] plat is approved if:
94	94	(1) the applicant filed a response that meets the
95	95	requirements of Subsection (c); and
96	96	(2) the municipal authority or governing body that
97	97	received the response does not disapprove the [plan or] plat on
98	98	or before the date required by Subsection (a) and in accordance
99	99	with Section 212.0091.
100	100	Sec. 212.0096. APPROVAL PROCEDURE: ALTERNATIVE APPROVAL
101	101	PROCESS. (a) Notwithstanding Sections 212.009, 212.0091,
102	102	212.0093, and 212.0095, an applicant may elect at any time to
103	103	seek approval for a [plan or] plat under an alternative approval
104	104	process adopted by a municipality if the process allows for a
105	105	shorter approval period than the approval process described by
106	106	Sections 212.009, 212.0091, 212.0093, and 212.0095.
107	107	(b) An applicant that elects to seek approval under the
108	108	alternative approval process described by Subsection (a) is not:
109	109	(1) required to satisfy the requirements of
110	110	Sections 212.009, 212.0091, 212.0093, and 212.0095 before
111	111	bringing an action challenging a disapproval of a [plan or] plat
112	112	under this subchapter; and
113	113	(2) prejudiced in any manner in bringing the action
114	114	described by Subdivision (1), including satisfying a requirement
115	115	to exhaust any and all remedies.
116	116	SECTION 11. Section 212.0099, Local Government Code, is
117	117	amended to read as follows:
118	118	Sec. 212.0099. JUDICIAL REVIEW OF DISAPPROVAL. In a
119	119	legal action challenging a disapproval of a [plan or] plat under
120	120	this subchapter, the municipality has the burden of proving by
121	121	clear and convincing evidence that the disapproval meets the
122	122	requirements of this subchapter or any applicable case law. The
123	123	court may not use a deferential standard.
124	124	Explanation: This change is necessary to provide
125	125	limitations on municipal regulation of subdivisions and approval
126	126	of subdivision plans or plats.
127	127	(2) Senate Rules 12.03(1), (3), and (4) are suspended to
128	128	permit the committee to change, alter, or amend text which is not
129	129	in disagreement, to add text on a matter which is not in
130	130	disagreement, and to add text on a matter which is not included in
131	131	either the house or senate version of the bill in proposed
132	132	SECTION 4 of the bill, in Section 212.004, Local Government Code,
133	133	by amending Subsections (a) and (b) and adding Subsections (f)
134	134	and (g) to read as follows:
135	135	(a) The owner of a tract of land located within the limits
136	136	or in the extraterritorial jurisdiction of a municipality who
137	137	divides the tract in two or more parts to lay out a subdivision of
138	138	the tract, including an addition to a municipality, to lay out
139	139	suburban, building, or other lots, or to lay out streets, alleys,
140	140	squares, parks, or other parts of the tract intended by the owner
141	141	of the tract to be dedicated to public use [or for the use of
142	142	purchasers or owners of lots fronting on or adjacent to the
143	143	streets, alleys, squares, parks, or other parts] must have a plat
144	144	of the subdivision prepared. A division of a tract under this
145	145	subsection includes a division regardless of whether it is made
146	146	by using a metes and bounds description in a deed of conveyance or
147	147	in a contract for a deed, by using a contract of sale or other
148	148	executory contract to convey, or by using any other method. A
149	149	division of land under this subsection does not include a
150	150	division of land into parts greater than five acres, where each
151	151	part has access and no public improvement is being dedicated.
152	152	(b) To be recorded, the plat must:
153	153	(1) describe the subdivision by metes and bounds;
154	154	(2) locate the subdivision with respect to a corner
155	155	of the survey or tract or an original corner of the original
156	156	survey of which it is a part; and
157	157	(3) state the dimensions of the subdivision and of
158	158	each street, alley, square, park, or other part of the tract
159	159	intended by the owner of the tract to be dedicated to public use
160	160	[or for the use of purchasers or owners of lots fronting on or
161	161	adjacent to the street, alley, square, park, or other part].
162	162	(f) A plat is considered filed on the date the applicant
163	163	submits the plat, along with a completed plat application and the
164	164	application fees and other requirements prescribed by or under
165	165	this subchapter, to:
166	166	(1) the governing body of the municipality; or
167	167	(2) the municipal authority responsible for
168	168	approving plats.
169	169	(g) The governing body of a municipality or the municipal
170	170	authority responsible for approving plats may not require an
171	171	analysis, study, document, agreement, or similar requirement to
172	172	be included in or as part of an application for a plat,
173	173	development permit, or subdivision of land that is not explicitly
174	174	required by state law.
175	175	Explanation: This change is necessary to repeal the plat
176	176	preparation requirement in relation to purchasers or owners of
177	177	certain lots, to specify the date on which a plat is considered
178	178	filed, and to prohibit a municipality or municipal authority from
179	179	requiring certain additional materials for a plat, development
180	180	permit, or subdivision of land.
181	181	(3) Senate Rules 12.03(3) and (4) are suspended to permit
182	182	the committee to add text on a matter which is not in disagreement
183	183	and to add text on a matter which is not included in either the
184	184	house or senate version of the bill in proposed SECTION 8 of the
185	185	bill, by amending Sections 212.009(a), (b), (c), and (d), Local
186	186	Government Code, to read as follows:
187	187	(a) The municipal authority responsible for approving
188	188	plats shall approve, approve with conditions, or disapprove a
189	189	[plan or] plat within 30 days after the date the [plan or] plat is
190	190	filed. A [plan or] plat is approved by the municipal authority
191	191	unless it is disapproved within that period and in accordance
192	192	with Section 212.0091.
193	193	(b) If an ordinance requires that a [plan or] plat be
194	194	approved by the governing body of the municipality in addition to
195	195	the planning commission, the governing body shall approve,
196	196	approve with conditions, or disapprove the [plan or] plat within
197	197	30 days after the date the [plan or] plat is approved by the
198	198	planning commission or is approved by the inaction of the
199	199	commission. A [plan or] plat is approved by the governing body
200	200	unless it is disapproved within that period and in accordance
201	201	with Section 212.0091.
202	202	(c) If a [plan or] plat is approved, the municipal
203	203	authority giving the approval shall endorse the [plan or] plat
204	204	with a certificate indicating the approval. The certificate must
205	205	be signed by:
206	206	(1) the authority's presiding officer and attested
207	207	by the authority's secretary; or
208	208	(2) a majority of the members of the authority.
209	209	(d) If the municipal authority responsible for approving
210	210	plats fails to approve, approve with conditions, or disapprove a
211	211	[plan or] plat within the prescribed period, the authority on the
212	212	applicant's request shall issue a certificate stating the date
213	213	the [plan or] plat was filed and that the authority failed to act
214	214	on the [plan or] plat within the period. The certificate is
215	215	effective in place of the endorsement required by Subsection (c).
216	216	Explanation: This change is necessary to conform to other
217	217	changes made in the bill.
218	218	(4) Senate Rule 12.03(1) is suspended to permit the
219	219	committee to change, alter, or amend text which is not in
220	220	disagreement in proposed SECTION 8 of the bill, in amended
221	221	Section 212.009(b-2), Local Government Code, by striking "a
222	222	period" and substituting "one or more periods, each [a period]".
223	223	Explanation: This change is necessary to provide for
224	224	multiple extensions for the deadlines provided by Section
225	225	212.009, Local Government Code.
226	226	(5) Senate Rule 12.03(1) is suspended to permit the
227	227	committee to change, alter, or amend text which is not in
228	228	disagreement in proposed SECTION 12 of the bill, in added Section
229	229	212.010(e), Local Government Code, by striking "The prevailing
230	230	party may recover reasonable and necessary attorney's fees and
231	231	court costs in the action." and substituting the following:
232	232	The applicant shall recover reasonable attorney's fees and court
233	233	costs in the action if the applicant prevails. The municipality
234	234	may recover reasonable attorney's fees and court costs in the
235	235	action if the municipality prevails and the court finds the
236	236	action is frivolous.
237	237	Explanation: This change is necessary to provide
238	238	different standards for recovery of attorney's fees and court
239	239	costs for an applicant and a municipality.
240	240	_______________________________
241	241	President of the Senate
242	242	I hereby certify that the
243	243	above Resolution was adopted by
244	244	the Senate on May 28, 2023, by the
245	245	following vote: Yeas 31, Nays 0.
246	246	_______________________________
247	247	Secretary of the Senate