Texas 2025 - 89th Regular

Texas House Bill HB1322 Compare Versions

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11 By: Hopper H.B. No. 1322
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to municipal approval of subdivision plans or plats in
99 certain municipalities.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 212.009, Local Government Code, is
1212 amended by amending Subsections (a), (b), (b-1), and (b-2) and
1313 adding Subsection (a-1) to read as follows:
1414 (a) The municipal authority responsible for approving plats
1515 shall approve, approve with conditions, or disapprove a plat
1616 within:
1717 (1) 30 days after the date the plat is filed; or
1818 (2) in a municipality with a population of less than
1919 10,000, 90 days after the date the plat is filed.
2020 (a-1) A plat is approved by the municipal authority under
2121 this section unless it is disapproved within a [that] period
2222 prescribed by this section and in accordance with Section 212.0091.
2323 (b) If an ordinance requires that a plat be approved by the
2424 governing body of the municipality in addition to the planning
2525 commission, the governing body shall approve, approve with
2626 conditions, or disapprove the plat within:
2727 (1) 30 days after the date the plat is approved by the
2828 planning commission or is approved by the inaction of the
2929 commission; or
3030 (2) in a municipality with a population of less than
3131 10,000, 90 days after the date the plat is approved by the planning
3232 commission or is approved by the inaction of the commission. [A
3333 plat is approved by the governing body unless it is disapproved
3434 within that period and in accordance with Section 212.0091.]
3535 (b-1) Notwithstanding Subsection (a) or (b), if a
3636 groundwater availability certification is required under Section
3737 212.0101, the prescribed [30-day] period described by those
3838 subsections begins on the date the applicant submits the
3939 groundwater availability certification to the municipal authority
4040 responsible for approving plats or the governing body of the
4141 municipality, as applicable.
4242 (b-2) Notwithstanding Subsection (a) or (b), the parties
4343 shall extend the prescribed [30-day] period described by those
4444 subsections for one or more periods, each not to exceed 30 days if:
4545 (1) both:
4646 (A) the applicant requests the extension in
4747 writing to the municipal authority responsible for approving plats
4848 or the governing body of the municipality, as applicable; and
4949 (B) the municipal authority or governing body, as
5050 applicable, approves the extension request; or
5151 (2) Chapter 2007, Government Code, requires the
5252 municipality to perform a takings impact assessment in connection
5353 with the plan or plat.
5454 SECTION 2. Section 212.0095(a), Local Government Code, is
5555 amended to read as follows:
5656 (a) A municipal authority or governing body that receives a
5757 response under Section 212.0093 shall determine whether to approve
5858 or disapprove the applicant's previously conditionally approved or
5959 disapproved plat not later than:
6060 (1) the 15th day after the date the response was
6161 submitted; or
6262 (2) in a municipality with a population of less than
6363 10,000, the 45th day after the date the response was submitted.
6464 SECTION 3. The changes in law made by this Act apply only to
6565 an application submitted on or after the effective date of this Act.
6666 An application submitted before the effective date of this Act is
6767 governed by the law applicable to the application immediately
6868 before the effective date of this Act, and that law is continued in
6969 effect for that purpose.
7070 SECTION 4. This Act takes effect September 1, 2025.