Bill Text: TX HB866 | 2023-2024 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to approval of certain land development applications by a municipality or county.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2023-05-24 - Not again placed on intent calendar [HB866 Detail]
Download: Texas-2023-HB866-Engrossed.html
Bill Title: Relating to approval of certain land development applications by a municipality or county.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2023-05-24 - Not again placed on intent calendar [HB866 Detail]
Download: Texas-2023-HB866-Engrossed.html
88R19582 SCL-F | ||
By: Oliverson, Bell of Montgomery, Swanson, | H.B. No. 866 | |
et al. |
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relating to approval of certain land development applications by a | ||
municipality or county. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 212.001(2) and (3), Local Government | ||
Code, are amended to read as follows: | ||
(2) [ |
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[ |
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SECTION 2. Subchapter A, Chapter 212, Local Government | ||
Code, is amended by adding Section 212.0015 to read as follows: | ||
Sec. 212.0015. CONSTRUCTION OF SUBCHAPTER. This subchapter | ||
may not be construed to restrict a municipality from establishing a | ||
submittal calendar to be used by an applicant to facilitate | ||
compliance with the approval process described by Sections 212.009, | ||
212.0091, 212.0093, and 212.0095. | ||
SECTION 3. Section 212.004, Local Government Code, is | ||
amended by adding Subsection (f) to read as follows: | ||
(f) 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 governing body of the municipality; or | ||
(2) the municipal authority responsible for approving | ||
plats. | ||
SECTION 4. Sections 212.0065(a) and (c), Local Government | ||
Code, are amended to read as follows: | ||
(a) The governing body of a municipality or the municipal | ||
planning commission may delegate to one or more officers or | ||
employees of the municipality or of a utility owned or operated by | ||
the municipality the ability to approve, approve with conditions, | ||
or disapprove a plat [ |
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[ |
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[ |
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[ |
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(c) An applicant has the right to appeal to the governing | ||
body of the municipality or the municipal planning commission if | ||
the designated [ |
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SECTION 5. Sections 212.009(a), (b), (b-2), (c), and (d), | ||
Local Government Code, are amended to read as follows: | ||
(a) The municipal authority responsible for approving plats | ||
shall approve, approve with conditions, or disapprove a [ |
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plat within 30 days after the date the [ |
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[ |
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disapproved within that period and in accordance with Section | ||
212.0091. | ||
(b) If an ordinance requires that a [ |
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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 [ |
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after the date the [ |
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commission or is approved by the inaction of the commission. A | ||
[ |
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disapproved within that period and in accordance with Section | ||
212.0091. | ||
(b-2) Notwithstanding Subsection (a) or (b), the parties | ||
may extend the 30-day period described by those subsections for one | ||
or more periods, each [ |
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(1) 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 | ||
(2) the municipal authority or governing body, as | ||
applicable, approves the extension request. | ||
(c) If a [ |
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giving the approval shall endorse the [ |
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certificate indicating the approval. The certificate must be signed | ||
by: | ||
(1) the authority's presiding officer and attested by | ||
the authority's secretary; or | ||
(2) a majority of the members of the authority. | ||
(d) If the municipal authority responsible for approving | ||
plats fails to approve, approve with conditions, or disapprove a | ||
[ |
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applicant's request shall issue a certificate stating the date the | ||
[ |
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[ |
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place of the endorsement required by Subsection (c). | ||
SECTION 6. Section 212.0091(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) A municipal authority or governing body that | ||
conditionally approves or disapproves a [ |
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subchapter 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. | ||
SECTION 7. Sections 212.0093, 212.0095, and 212.0096, Local | ||
Government Code, are amended to read as follows: | ||
Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO | ||
CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional | ||
approval or disapproval of a [ |
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the applicant may submit to the municipal authority or governing | ||
body that conditionally approved or disapproved the [ |
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a written response that satisfies each condition for the | ||
conditional approval or remedies each reason for disapproval | ||
provided. The municipal authority or governing body may not | ||
establish a deadline for an applicant to submit the response. | ||
Sec. 212.0095. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL | ||
OF RESPONSE. (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 [ |
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after the date the response was submitted. | ||
(b) A municipal authority or governing body that | ||
conditionally approves or disapproves a [ |
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the submission of a response under Section 212.0093: | ||
(1) must comply with Section 212.0091; and | ||
(2) may disapprove the [ |
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specific condition or reason provided to the applicant under | ||
Section 212.0091. | ||
(c) A municipal authority or governing body that receives a | ||
response under Section 212.0093 shall approve a previously | ||
conditionally approved or disapproved [ |
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response adequately addresses each condition of the conditional | ||
approval or each reason for the disapproval. | ||
(d) A previously conditionally approved or disapproved | ||
[ |
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(1) the applicant filed a response that meets the | ||
requirements of Subsection (c); and | ||
(2) the municipal authority or governing body that | ||
received the response does not disapprove the [ |
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before the date required by Subsection (a) and in accordance with | ||
Section 212.0091. | ||
Sec. 212.0096. APPROVAL PROCEDURE: ALTERNATIVE APPROVAL | ||
PROCESS. (a) Notwithstanding Sections 212.009, 212.0091, | ||
212.0093, and 212.0095, an applicant may elect at any time to seek | ||
approval for a [ |
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adopted by a municipality if the process allows for a shorter | ||
approval period than the approval process described by Sections | ||
212.009, 212.0091, 212.0093, and 212.0095. | ||
(b) An applicant that elects to seek approval under the | ||
alternative approval process described by Subsection (a) is not: | ||
(1) required to satisfy the requirements of Sections | ||
212.009, 212.0091, 212.0093, and 212.0095 before bringing an action | ||
challenging a disapproval of a [ |
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subchapter; and | ||
(2) prejudiced in any manner in bringing the action | ||
described by Subdivision (1), including satisfying a requirement to | ||
exhaust any and all remedies. | ||
SECTION 8. Subchapter A, Chapter 212, Local Government | ||
Code, is amended by adding Section 212.00965 to read as follows: | ||
Sec. 212.00965. APPROVAL PROCEDURE: ALTERNATIVE REVIEW | ||
PROCESS FOR UNREVIEWED APPLICATIONS. (a) If a municipality fails | ||
to approve, approve with conditions, or disapprove an applicant's | ||
plat earlier than the 15th day after the date prescribed by Section | ||
212.009 or 212.0095, as applicable, the applicant may have the plat | ||
reviewed by: | ||
(1) a person with the authority to review plats for: | ||
(A) the municipality; or | ||
(B) a political subdivision other than the | ||
municipality if the municipality approves the reviewer; or | ||
(2) an engineer licensed under Chapter 1001, | ||
Occupations Code. | ||
(b) A person may not review a plat under Subsection (a) if | ||
the person: | ||
(1) is the applicant; or | ||
(2) prepared the plat that is the subject of the | ||
application. | ||
(c) A person who performs a review under this section: | ||
(1) has the authority to approve, approve with | ||
conditions, or disapprove a plat as if the person were delegated | ||
authority under Section 212.0065; | ||
(2) must ensure the plat satisfies all applicable | ||
regulations; and | ||
(3) must provide notice of the review to the | ||
municipality not later than the 15th day after the date of the | ||
review. | ||
(d) The municipality may prescribe a reasonable format for | ||
the notice provided under Subsection (c)(3). | ||
(e) The municipality may not collect an additional fee | ||
related to the review performed under Subsection (a). | ||
SECTION 9. Section 212.0099, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 212.0099. JUDICIAL REVIEW OF DISAPPROVAL. In a legal | ||
action challenging a disapproval of a [ |
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subchapter, the municipality has the burden of proving by clear and | ||
convincing evidence that the disapproval meets the requirements of | ||
this subchapter or any applicable case law. The court may not use a | ||
deferential standard. | ||
SECTION 10. Section 232.001, Local Government Code, is | ||
amended by adding Subsection (g) to read as follows: | ||
(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. | ||
SECTION 11. 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 12. The heading to Section 232.0025, Local | ||
Government Code, is amended to read as follows: | ||
Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF PLATS | ||
[ |
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SECTION 13. Section 232.0025, Local Government Code, is | ||
amended by amending Subsections (b), (c), (d), (f), (g), (h), and | ||
(i) and adding Subsection (f-1) to read as follows: | ||
(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 | ||
[ |
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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 [ |
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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 | ||
[ |
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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 [ |
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approved by the commissioners court or the county authority | ||
[ |
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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 [ |
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(B) Chapter 2007, Government Code, requires the | ||
county to perform a takings impact assessment in connection with | ||
the plat application; or [ |
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(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 [ |
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(g) The commissioners court or the county authority | ||
responsible for approving plats [ |
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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 [ |
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(h) The commissioners court or the county authority | ||
responsible for approving plats [ |
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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 [ |
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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. | ||
SECTION 14. Section 232.0026(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) A commissioners court or county authority responsible | ||
for approving plats [ |
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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 15. 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 [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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response does not disapprove the application on or before the date | ||
required by Subsection (a) and in accordance with Section 232.0026. | ||
SECTION 16. Subchapter A, Chapter 232, Local Government | ||
Code, is amended by adding Section 232.00287 to read as follows: | ||
Sec. 232.00287. ALTERNATIVE REVIEW PROCESS. (a) If a | ||
county fails to approve, approve with conditions, or disapprove a | ||
plat or an applicant's written response earlier than the 15th day | ||
after the date prescribed by Section 232.0025 or 232.0028, as | ||
applicable, an applicant may have the plat reviewed by: | ||
(1) a person with authority to review plats for: | ||
(A) the county; or | ||
(B) a political subdivision other than the county | ||
if the county approves the reviewer; or | ||
(2) an engineer licensed under Chapter 1001, | ||
Occupations Code. | ||
(b) A person may not review a plat under Subsection (a) if | ||
the person: | ||
(1) is the applicant; or | ||
(2) prepared the plat that is the subject of the | ||
application. | ||
(c) A person who performs a review under this section: | ||
(1) has the authority to approve, approve with | ||
conditions, or disapprove a plat as if the person were delegated | ||
authority under Section 232.0022; | ||
(2) must ensure the plat satisfies all applicable | ||
regulations; and | ||
(3) must provide notice of the review to the county not | ||
later than the 15th day after the date of the review. | ||
(d) The county may prescribe a reasonable format for the | ||
notice provided under Subsection (c)(3). | ||
(e) The county may not collect an additional fee related to | ||
the review performed under Subsection (a). | ||
SECTION 17. The following provisions of the Local | ||
Government Code are repealed: | ||
(1) Section 212.009(b-1); and | ||
(2) Section 232.0025(d-1). | ||
SECTION 18. The changes in law made by this Act apply only | ||
to a plat application filed on or after the effective date of this | ||
Act. | ||
SECTION 19. This Act takes effect September 1, 2023. |