Bill Text: TX HB2018 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to prompt review of land development applications.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2023-04-19 - Left pending in committee [HB2018 Detail]
Download: Texas-2023-HB2018-Introduced.html
| By: Muñoz, Jr. | H.B. No. 2018 | |
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| relating to prompt review of land development applications. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 250, Subtitle C, Title 7, Local | ||
| Government Code, is amended by adding Section 250.010 to read as | ||
| follows: | ||
| Sec. 250.010. PROMPT APPROVAL OF LAND DEVELOPMENT | ||
| APPLICATIONS. (a) For purposes of this section: | ||
| (1) "land development" means any activity relating to | ||
| the development or redevelopment of land including, but not limited | ||
| to, subdivision development, construction of subdivision | ||
| improvements, site plan development, development of on-site or | ||
| off-site improvements, and a project within the meaning of Sec. | ||
| 245.001(3). | ||
| (2) "land development application" means an | ||
| application for subdivision development plan, a subdivision plan, | ||
| subdivision construction plan, a site development concept plan, a | ||
| site plan, a site development plan, an application submitted under | ||
| Chapter 212 or Chapter 232, and any other application relating to | ||
| land development, excluding only an application for zoning under | ||
| Chapter 211 or an application to amend a comprehensive plan under | ||
| Chapter 213. | ||
| (b) A political subdivision shall approve, approve with | ||
| conditions, or disapprove a land development application within 30 | ||
| days after the date the land development application is filed. A | ||
| land development application is approved by the political | ||
| subdivision unless it is disapproved within that period. | ||
| (c) Notwithstanding Subsection (b), the political | ||
| subdivision may extend the 30-day period described by that | ||
| subsection for a period not to exceed 30 days if: | ||
| (1) the applicant requests the extension in writing to | ||
| the political subdivision responsible for approving the land | ||
| development application; and | ||
| (2) the political subdivision approves the extension | ||
| request. | ||
| (d) If the political subdivision responsible for reviewing | ||
| the land development application fails to approve, approve with | ||
| conditions, or disapprove the land development application within | ||
| the prescribed period, the political subdivision on the applicant's | ||
| request shall issue a certificate stating the date the land | ||
| development application was filed and that the political | ||
| subdivision failed to act on the land development application | ||
| within the prescribed period. The certificate shall serve as a | ||
| permit approving the land development application. | ||
| (e) A political subdivision that conditionally approves or | ||
| disapproves a land development application shall provide the | ||
| applicant a written statement of the conditions for the conditional | ||
| approval or reasons for disapproval that clearly articulates each | ||
| specific condition for the conditional approval or reason for | ||
| disapproval. Each condition or reason specified in the written | ||
| statement: | ||
| (1) must: | ||
| (A) be directly related to the requirements under | ||
| this section; and | ||
| (B) include a citation to the law, including a | ||
| statute or municipal ordinance, that is the basis for the | ||
| conditional approval or disapproval, if applicable; and | ||
| (2) may not be arbitrary. | ||
| (f) After the conditional approval or disapproval of a land | ||
| development application under this section, the applicant may | ||
| submit to the political subdivision that conditionally approved or | ||
| disapproved the land development application a written response | ||
| that satisfies each condition for the conditional approval or | ||
| remedies each reason for disapproval provided. The political | ||
| subdivision may not establish a deadline for an applicant to submit | ||
| the response. | ||
| (g) A political subdivision that receives a response under | ||
| Subsection (f) shall determine whether to approve or disapprove the | ||
| applicant's previously conditionally approved or disapproved land | ||
| development application not later than the 15th day after the date | ||
| the response was submitted. | ||
| (h) A political subdivision that conditionally approves or | ||
| disapproves a plan or plat following the submission of a response | ||
| under Subsection (f): | ||
| (1) must comply with Subsection (g); and | ||
| (2) may disapprove the land development application | ||
| only for a specific condition or reason provided to the applicant | ||
| under Subsection (e). | ||
| (i) A political subdivision that receives a response under | ||
| Subsection (f) shall approve a previously conditionally approved or | ||
| disapproved land development application if the response | ||
| adequately addresses each condition of the conditional approval or | ||
| each reason for the disapproval. | ||
| (j) A previously conditionally approved or disapproved land | ||
| development application is approved if: | ||
| (1) the applicant filed a response that meets the | ||
| requirements of Subsection (f); and | ||
| (2) the municipal authority or governing body that | ||
| received the response does not disapprove the plan or plat on or | ||
| before the date required by Subsection (g). | ||
| (k) A political subdivision responsible for approving land | ||
| development applications may not request or require an applicant to | ||
| waive a deadline or other approval procedure under this section as a | ||
| condition of approval for a land development application. | ||
| (l) An applicant may challenge a conditional approval or | ||
| disapproval of a land development application under this section in | ||
| a county or district court of the county in which the development | ||
| project is located within 30 days of the conditional approval or | ||
| disapproval. | ||
| (m) In a legal action challenging a conditional approval or | ||
| a disapproval of a land development application under this section, | ||
| the political subdivision has the burden of proving by clear and | ||
| convincing evidence that the conditional approval or disapproval | ||
| meets the requirements of this section or any applicable case law. | ||
| The court may not use a deferential standard. | ||
| (n) A political subdivision may not require an applicant to | ||
| waive the right to file a legal action challenging a conditional | ||
| approval or a disapproval of a land development application under | ||
| this section as a condition of approval for a land development | ||
| application. | ||
| (o) An applicant who prevails in a legal action challenging | ||
| a conditional approval or a disapproval of a land development | ||
| application under this section is entitled to court costs and | ||
| reasonable attorney's fees, including expert witness fees, to be | ||
| paid by the political subdivision. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
