1 | 1 | | By: Hopper H.B. No. 1322 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to municipal approval of subdivision plans or plats in |
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9 | 9 | | certain municipalities. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 212.009, Local Government Code, is |
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12 | 12 | | amended by amending Subsections (a), (b), (b-1), and (b-2) and |
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13 | 13 | | adding Subsection (a-1) to read as follows: |
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14 | 14 | | (a) The municipal authority responsible for approving plats |
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15 | 15 | | shall approve, approve with conditions, or disapprove a plat |
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16 | 16 | | within: |
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17 | 17 | | (1) 30 days after the date the plat is filed; or |
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18 | 18 | | (2) in a municipality with a population of less than |
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19 | 19 | | 10,000, 90 days after the date the plat is filed. |
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20 | 20 | | (a-1) A plat is approved by the municipal authority under |
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21 | 21 | | this section unless it is disapproved within a [that] period |
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22 | 22 | | prescribed by this section and in accordance with Section 212.0091. |
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23 | 23 | | (b) If an ordinance requires that a plat be approved by the |
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24 | 24 | | governing body of the municipality in addition to the planning |
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25 | 25 | | commission, the governing body shall approve, approve with |
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26 | 26 | | conditions, or disapprove the plat within: |
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27 | 27 | | (1) 30 days after the date the plat is approved by the |
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28 | 28 | | planning commission or is approved by the inaction of the |
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29 | 29 | | commission; or |
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30 | 30 | | (2) in a municipality with a population of less than |
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31 | 31 | | 10,000, 90 days after the date the plat is approved by the planning |
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32 | 32 | | commission or is approved by the inaction of the commission. [A |
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33 | 33 | | plat is approved by the governing body unless it is disapproved |
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34 | 34 | | within that period and in accordance with Section 212.0091.] |
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35 | 35 | | (b-1) Notwithstanding Subsection (a) or (b), if a |
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36 | 36 | | groundwater availability certification is required under Section |
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37 | 37 | | 212.0101, the prescribed [30-day] period described by those |
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38 | 38 | | subsections begins on the date the applicant submits the |
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39 | 39 | | groundwater availability certification to the municipal authority |
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40 | 40 | | responsible for approving plats or the governing body of the |
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41 | 41 | | municipality, as applicable. |
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42 | 42 | | (b-2) Notwithstanding Subsection (a) or (b), the parties |
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43 | 43 | | shall extend the prescribed [30-day] period described by those |
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44 | 44 | | subsections for one or more periods, each not to exceed 30 days if: |
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45 | 45 | | (1) both: |
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46 | 46 | | (A) the applicant requests the extension in |
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47 | 47 | | writing to the municipal authority responsible for approving plats |
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48 | 48 | | or the governing body of the municipality, as applicable; and |
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49 | 49 | | (B) the municipal authority or governing body, as |
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50 | 50 | | applicable, approves the extension request; or |
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51 | 51 | | (2) Chapter 2007, Government Code, requires the |
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52 | 52 | | municipality to perform a takings impact assessment in connection |
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53 | 53 | | with the plan or plat. |
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54 | 54 | | SECTION 2. Section 212.0095(a), Local Government Code, is |
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55 | 55 | | amended to read as follows: |
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56 | 56 | | (a) A municipal authority or governing body that receives a |
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57 | 57 | | response under Section 212.0093 shall determine whether to approve |
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58 | 58 | | or disapprove the applicant's previously conditionally approved or |
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59 | 59 | | disapproved plat not later than: |
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60 | 60 | | (1) the 15th day after the date the response was |
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61 | 61 | | submitted; or |
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62 | 62 | | (2) in a municipality with a population of less than |
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63 | 63 | | 10,000, the 45th day after the date the response was submitted. |
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64 | 64 | | SECTION 3. The changes in law made by this Act apply only to |
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65 | 65 | | an application submitted on or after the effective date of this Act. |
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66 | 66 | | An application submitted before the effective date of this Act is |
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67 | 67 | | governed by the law applicable to the application immediately |
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68 | 68 | | before the effective date of this Act, and that law is continued in |
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69 | 69 | | effect for that purpose. |
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70 | 70 | | SECTION 4. This Act takes effect September 1, 2025. |
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