By: Hopper H.B. No. 1322
A BILL TO BE ENTITLED
AN ACT
relating to municipal approval of subdivision plans or plats in
certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 212.009, Local Government Code, is
amended by amending Subsections (a), (b), (b-1), and (b-2) and
adding Subsection (a-1) to read as follows:
(a) The municipal authority responsible for approving plats
shall approve, approve with conditions, or disapprove a plat
within:
(1) 30 days after the date the plat is filed; or
(2) in a municipality with a population of less than
10,000, 90 days after the date the plat is filed.
(a-1) A plat is approved by the municipal authority under
this section unless it is disapproved within a [that] period
prescribed by this section and in accordance with Section 212.0091.
(b) If an ordinance requires that a plat be approved by the
governing body of the municipality in addition to the planning
commission, the governing body shall approve, approve with
conditions, or disapprove the plat within:
(1) 30 days after the date the plat is approved by the
planning commission or is approved by the inaction of the
commission; or
(2) in a municipality with a population of less than
10,000, 90 days after the date the plat is approved by the planning
commission or is approved by the inaction of the commission. [A
plat is approved by the governing body unless it is disapproved
within that period and in accordance with Section 212.0091.]
(b-1) Notwithstanding Subsection (a) or (b), if a
groundwater availability certification is required under Section
212.0101, the prescribed [30-day] period described by those
subsections begins on the date the applicant submits the
groundwater availability certification to the municipal authority
responsible for approving plats or the governing body of the
municipality, as applicable.
(b-2) Notwithstanding Subsection (a) or (b), the parties
shall extend the prescribed [30-day] period described by those
subsections for one or more periods, each not to exceed 30 days if:
(1) both:
(A) the applicant requests the extension in
writing to the municipal authority responsible for approving plats
or the governing body of the municipality, as applicable; and
(B) the municipal authority or governing body, as
applicable, approves the extension request; or
(2) Chapter 2007, Government Code, requires the
municipality to perform a takings impact assessment in connection
with the plan or plat.
SECTION 2. Section 212.0095(a), Local Government Code, is
amended to read as follows:
(a) A municipal authority or governing body that receives a
response under Section 212.0093 shall determine whether to approve
or disapprove the applicant's previously conditionally approved or
disapproved plat not later than:
(1) the 15th day after the date the response was
submitted; or
(2) in a municipality with a population of less than
10,000, the 45th day after the date the response was submitted.
SECTION 3. The changes in law made by this Act apply only to
an application submitted on or after the effective date of this Act.
An application submitted before the effective date of this Act is
governed by the law applicable to the application immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.