Bill Text: TX HB3697 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to county regulation of subdivisions and approval of subdivision plans or plats.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB3697 Detail]

Download: Texas-2023-HB3697-Enrolled.html

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H.B. No. 3697

AN ACT
relating to county regulation of subdivisions and approval of
subdivision plans or plats.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 232.001, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (g) and
(h) to read as follows:
(a) The owner of a tract of land located outside the limits
of a municipality must have a plat of the subdivision prepared if
the owner divides the tract into two or more parts to lay out:
(1) a subdivision of the tract, including an addition;
(2) lots; or
(3) streets, alleys, squares, parks, or other parts of
the tract intended by the owner of the tract to be dedicated to
public use [or for the use of purchasers or owners of lots fronting
on or adjacent to the streets, alleys, squares, parks, or other
parts].
(g) A plat is considered filed on the date the applicant
submits the plat, along with a completed plat application and the
application fees and other requirements prescribed by or under this
subchapter, to:
(1) the commissioners court; or
(2) the county authority responsible for approving
plats.
(h) The commissioners court or the county authority
responsible for approving plats may not require an analysis, study,
document, agreement, or similar requirement to be included in or as
part of an application for a plat, development permit, or
subdivision of land that is not explicitly required by state law.
SECTION 2. Subchapter A, Chapter 232, Local Government
Code, is amended by adding Sections 232.0012 and 232.0022 to read as
follows:
Sec. 232.0012. CONSTRUCTION OF SUBCHAPTER. This subchapter
may not be construed to restrict a county from establishing a
submittal calendar to be used by an applicant to facilitate
compliance with the approval process described by Sections
232.0025, 232.0026, 232.0027, and 232.0028.
Sec. 232.0022. DELEGATION OF APPROVAL RESPONSIBILITY. (a)
The commissioners court of a county or the court's designee may
designate to one or more officers or employees of the county the
authority to approve, approve with conditions, or disapprove a
plat.
(b) An applicant has the right to appeal to the
commissioners court or the court's designee if the designated
person or persons disapprove a plat.
SECTION 3. The heading to Section 232.0025, Local
Government Code, is amended to read as follows:
Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF PLATS
[AND PLANS].
SECTION 4. Section 232.0025, Local Government Code, is
amended by amending Subsections (a), (b), (c), (d), (f), (g), (h),
and (i) and adding Subsection (f-1) to read as follows:
(a) The commissioners court of a county or a person
designated by the commissioners court shall issue a written list of
all [the] documentation and other information that must be
submitted with a plat application. The documentation or other
information must relate to a requirement authorized under this
section or other applicable law. An application submitted to the
commissioners court or the person designated by the commissioners
court that contains all [the] documents and other information on
the written list is considered complete. The commissioners court
shall post and continuously maintain the most current version of
the list on the county's Internet website.
(b) If a person submits a plat application to the
commissioners court that does not include all of the documentation
or other information required by Subsection (a), the commissioners
court or the county authority responsible for approving plats
[court's designee] shall, not later than the 10th business day
after the date the commissioners court receives the application,
notify the applicant of the missing documents or other information.
The commissioners court shall allow an applicant to timely submit
the missing documents or other information.
(c) An application is considered complete when all
documentation or other information required by Subsection (a) is
received. Acceptance by the commissioners court or the county
authority responsible for approving plats [court's designee] of a
completed plat application with the documentation or other
information required by Subsection (a) shall not be construed as
approval of the documentation or other information.
(d) Except as provided by Subsection (f), the commissioners
court or the county authority responsible for approving plats
[court's designee] shall approve, approve with conditions, or
disapprove a plat application not later than the 30th day after the
date the completed application is received by the commissioners
court or the county authority [court's designee]. An application is
approved by the commissioners court or the county authority
[court's designee] unless the application is disapproved within
that period and in accordance with Section 232.0026.
(f) The 30-day period under Subsection (d):
(1) for a purpose related to Chapter 2007, Government
Code, may be extended for a period not to exceed 30 days, if:
(A) requested and agreed to in writing by the
applicant and approved by the commissioners court or the county
authority responsible for approving plats [court's designee]; or
(B) Chapter 2007, Government Code, requires the
county to perform a takings impact assessment in connection with
the plat application; or [and]
(2) for a purpose unrelated to Chapter 2007,
Government Code, may be extended for one or more periods, not to
exceed 30 days, if requested and agreed to in writing by the
applicant and approved by the commissioners court or the county
authority.
(f-1) The 30-day period under Subsection (d) applies only to
a decision wholly within the control of the commissioners court or
the county authority responsible for approving plats [court's
designee].
(g) The commissioners court or the county authority
responsible for approving plats [court's designee] shall make the
determination under Subsection (f)(1) of whether the 30-day period
will be extended not later than the 20th day after the date a
completed plat application is received by the commissioners court
or the county authority [court's designee].
(h) The commissioners court or the county authority
responsible for approving plats [court's designee] may not require
an applicant to waive the time limits or approval procedure
contained in this subchapter.
(i) If the commissioners court or the county authority
responsible for approving plats [court's designee] fails to
approve, approve with conditions, or disapprove a plat application
as required by this subchapter:
(1) the commissioners court shall refund the greater
of the unexpended portion of any application fee or deposit or 50
percent of an application fee or deposit that has been paid;
(2) the application is granted by operation of law;
[and]
(3) the applicant may apply to a district court in the
county where the tract of land is located for a writ of mandamus to
compel the commissioners court to issue documents recognizing the
plat application's approval;
(4) the applicant shall recover reasonable attorney's
fees and court costs incurred in bringing an action under
Subdivision (3) if the applicant prevails; and
(5) the county may recover reasonable attorney's fees
and court costs incurred in an action brought under Subdivision (3)
if the county prevails and the court finds the action is frivolous.
SECTION 5. Section 232.0026(a), Local Government Code, is
amended to read as follows:
(a) A commissioners court or county authority responsible
for approving plats [designee] that conditionally approves or
disapproves of a plat application under this subchapter shall
provide the applicant a written statement of the conditions for the
conditional approval or the reasons for disapproval that clearly
articulates each specific condition for the conditional approval or
reason for disapproval.
SECTION 6. Sections 232.0027 and 232.0028, Local Government
Code, are amended to read as follows:
Sec. 232.0027. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
approval or disapproval of a plat application under Section
232.0026, the applicant may submit to the commissioners court or
county authority responsible for approving plats [designee] that
conditionally approved or disapproved the application a written
response that satisfies each condition for the conditional approval
or remedies each reason for disapproval provided. The
commissioners court or county authority [designee] may not
establish a deadline for an applicant to submit the response.
Sec. 232.0028. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
OF RESPONSE. (a) A commissioners court or county authority
responsible for approving plats [designee] that receives a response
under Section 232.0027 shall determine whether to approve or
disapprove the applicant's previously conditionally approved or
disapproved plat application not later than the 15th day after the
date the response was submitted under Section 232.0027.
(b) A commissioners court or county authority responsible
for approving plats [designee] that conditionally approves or
disapproves a plat application following the submission of a
response under Section 232.0027:
(1) must comply with Section 232.0026; and
(2) may disapprove the application only for a specific
condition or reason provided to the applicant for the original
application under Section 232.0026.
(c) A commissioners court or county authority responsible
for approving plats [designee] that receives a response under
Section 232.0027 shall approve a previously conditionally approved
or disapproved plat application if the applicant's response
adequately addresses each condition for the conditional approval or
each reason for the disapproval.
(d) A previously conditionally approved or disapproved plat
application is approved if:
(1) the applicant filed a response that meets the
requirements of Subsection (c); and
(2) the commissioners court or county authority
responsible for approving plats [designee] that received the
response does not disapprove the application on or before the date
required by Subsection (a) and in accordance with Section 232.0026.
SECTION 7. Section 232.0033, Local Government Code, is
amended by adding Subsection (c) to read as follows:
(c) The commissioners court of a county or the court's
designee may not refuse to review a plat application or refuse to
approve a plat for recordation for failure to identify a corridor,
as defined by Section 201.619, Transportation Code, unless the
corridor is part of an agreement between the Texas Department of
Transportation and the county under that section.
SECTION 8. Section 232.0025(d-1), Local Government Code, is
repealed.
SECTION 9. As soon as practicable after the effective date
of this Act but not later than January 1, 2024, each county shall
adopt and publish the list described by Section 232.0025, Local
Government Code, as amended by this Act.
SECTION 10. The changes in law made by this Act apply only
to a plat application submitted on or after the effective date of
this Act. A plat application submitted before the effective date of
this Act is governed by the law in effect on the date the
application was submitted, and that law is continued in effect for
that purpose.
SECTION 11. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3697 was passed by the House on May 9,
2023, by the following vote: Yeas 128, Nays 14, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 3697 on May 23, 2023, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 3697 on May 28, 2023, by the following vote: Yeas 119,
Nays 24, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3697 was passed by the Senate, with
amendments, on May 19, 2023, by the following vote: Yeas 30, Nays
1; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
3697 on May 28, 2023, by the following vote: Yeas 19, Nays 12.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor