Bill Text: TX SB1786 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to approval procedures for property development review by a municipality.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-03 - Left pending in committee [SB1786 Detail]
Download: Texas-2023-SB1786-Introduced.html
88R2894 SCL-D | ||
By: Bettencourt | S.B. No. 1786 |
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relating to approval procedures for property development review by | ||
a municipality. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 212.0065(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) The person or persons shall not disapprove the plat and | ||
shall be required to refer any plat which the person or persons | ||
refuse to approve to the municipal authority responsible for | ||
approving plats within the time period specified in Section 212.023 | ||
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SECTION 2. Chapter 212, Local Government Code, is amended | ||
by adding Subchapter A-1 to read as follows: | ||
SUBCHAPTER A-1. APPROVAL PROCEDURES FOR PROPERTY DEVELOPMENT | ||
REVIEW | ||
Sec. 212.021. DEFINITIONS. In this subchapter: | ||
(1) "Development application" means an application | ||
made to a municipal authority for property development review. | ||
(2) "Development inspection" means the inspection of | ||
an improvement to land required to be conducted as part of a project | ||
to develop the land or construct or improve an improvement to the | ||
land. | ||
(3) "Development permit" means a permit required to be | ||
obtained to develop land or construct or improve an improvement to | ||
land. | ||
(4) "Municipal authority" means the municipal | ||
authority responsible for conducting a property development review | ||
under law. | ||
(5) "Plan" and "plat" have the meanings assigned by | ||
Section 212.001. | ||
(6) "Property development review" means the process of | ||
granting municipal approval to subdivide land, develop land, or | ||
construct or improve an improvement to land. The term includes the | ||
review of a development application. | ||
Sec. 212.028. DELEGATION OF APPROVAL RESPONSIBILITY TO | ||
THIRD-PARTY REVIEWER. (a) Except as provided by Subsection (b), | ||
the appropriate municipal authority may delegate to a third-party | ||
reviewer the ability to approve a development application or | ||
conduct a development inspection. | ||
(b) If a municipality fails to complete at least 80 percent | ||
of the total number of development applications and requests for | ||
development inspections the municipality receives in a calendar | ||
year in accordance with the deadlines prescribed by this subchapter | ||
for two consecutive years, the governing body of the municipality | ||
must delegate to third-party reviewers the ability to approve all | ||
development applications and conduct all development inspections | ||
for the five calendar years following that second consecutive year. | ||
(c) A third-party reviewer shall process a development | ||
application or complete a development inspection in accordance with | ||
the deadlines and other approval procedures prescribed by this | ||
subchapter as if the reviewer is the municipal authority. | ||
(d) A municipality may audit the work of a third-party | ||
reviewer with a third-party auditor. The auditor must be an | ||
architect, engineer, or other appropriate professional who is | ||
licensed, certified, or regulated by this state. | ||
(e) A development application or development inspection | ||
that is begun by a third-party reviewer must be completed by the | ||
reviewer regardless of whether the governing body of the | ||
municipality elects to discontinue delegation authorized by | ||
Subsection (a) or the mandatory period of delegation prescribed by | ||
Subsection (b) expires. | ||
Sec. 212.029. THIRD-PARTY AUDITOR TRAINING. (a) The Texas | ||
Department of Housing and Community Affairs, in coordination with | ||
the Texas Department of Licensing and Regulation and other | ||
appropriate state agencies, shall: | ||
(1) develop requirements for certifying, insuring, | ||
and auditing third-party reviewers; and | ||
(2) develop and offer training programs for | ||
third-party reviewers that establish best practices. | ||
(b) The Texas Department of Housing and Community Affairs | ||
may adopt rules necessary to implement this section. | ||
SECTION 3. Sections 212.0085, 212.009, 212.0091, 212.0093, | ||
212.0095, 212.0096, 212.0097, and 212.0099, Local Government Code, | ||
are transferred to Subchapter A-1, Chapter 212, Local Government | ||
Code, as added by this Act, redesignated as Sections 212.022, | ||
212.023, 212.024, 212.025, 212.026, 212.027, 212.030, and 212.031, | ||
respectively, and amended to read as follows: | ||
Sec. 212.022 [ |
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APPLICABILITY OF SUBCHAPTER. The approval procedures under this | ||
subchapter apply to a municipality regardless of whether the | ||
municipality has entered into an interlocal agreement, including an | ||
interlocal agreement between a municipality and county under | ||
Section 242.001(d). | ||
Sec. 212.023 [ |
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APPROVAL. (a) A [ |
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disapprove a plan or plat, approve or disapprove a development | ||
permit, or complete a development inspection not later than the | ||
30th day [ |
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permit application is filed or the inspection is requested. A plan, | ||
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authority unless it is disapproved within that period and in | ||
accordance with this subchapter [ |
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inspection requirement is waived unless the inspection is completed | ||
within that period and in accordance with this subchapter. | ||
(b) If an ordinance requires that a plan, [ |
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development permit be approved by the governing body of the | ||
municipality in addition to any other municipal authority [ |
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with conditions, or disapprove the plan or plat, or approve or | ||
disapprove the permit, as applicable, not later than the 30th day | ||
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approved by the other authority [ |
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approved by the inaction of that authority [ |
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plan, [ |
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body unless it is disapproved within that period and in accordance | ||
with this subchapter [ |
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(c) [ |
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groundwater availability certification is required under Section | ||
212.0101, the 30-day period described by those subsections to | ||
approve, approve with conditions, or disapprove a plat begins on | ||
the date the applicant submits the groundwater availability | ||
certification to the applicable municipal authority [ |
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(d) [ |
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parties may extend the 30-day period described by those subsections | ||
for a period not to exceed 30 days if: | ||
(1) the applicant requests the extension in writing to | ||
the applicable municipal authority [ |
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and | ||
(2) the [ |
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(e) [ |
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authority giving the approval shall endorse the plan or plat with a | ||
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. | ||
(f) [ |
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disapprove a plan or plat within the prescribed period, the | ||
authority on the applicant's request shall issue a certificate | ||
stating the date the plan or plat was filed and that the authority | ||
failed to act on the plan or plat within the period. The | ||
certificate is effective in place of the endorsement required by | ||
Subsection (e) [ |
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(g) [ |
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application and request for a development inspection made to the | ||
authority and the authority's action taken on it. On request of an | ||
owner of an affected tract, the authority shall certify the reasons | ||
for the action taken on an application. | ||
Sec. 212.024 [ |
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CONDITIONAL APPROVAL OR DISAPPROVAL REQUIREMENTS. (a) A municipal | ||
authority [ |
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disapproves a plan or plat, or disapproves a development permit, | ||
under this subchapter shall provide the applicant a written | ||
statement of the conditions for the conditional approval or reasons | ||
for disapproval, as applicable, that clearly articulates each | ||
specific condition for the conditional approval or reason for | ||
disapproval. | ||
(b) Each condition or reason specified in the written | ||
statement: | ||
(1) must: | ||
(A) be directly related to the requirements | ||
prescribed by law for the applicable development project [ |
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(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. | ||
Sec. 212.025 [ |
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RESPONSE TO CONDITIONAL APPROVAL OR DISAPPROVAL. After the | ||
conditional approval or disapproval of a plan or plat, or | ||
disapproval of a development permit, under Section 212.024 | ||
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plan, [ |
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condition for the conditional approval or remedies each reason for | ||
disapproval provided. The municipal authority [ |
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may not establish a deadline for an applicant to submit the | ||
response. | ||
Sec. 212.026 [ |
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DISAPPROVAL OF RESPONSE. (a) A municipal authority [ |
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shall determine whether to approve or disapprove the applicant's | ||
previously conditionally approved or disapproved plan or plat, or | ||
disapproved development permit, not later than the 15th day after | ||
the date the response was submitted. | ||
(b) A municipal authority [ |
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conditionally approves or disapproves a plan or plat, or | ||
disapproves a development permit, following the submission of a | ||
response under Section 212.025 [ |
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(1) must comply with Section 212.024 [ |
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(2) may disapprove the plan, [ |
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for a specific condition or reason provided to the applicant under | ||
Section 212.024 [ |
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(c) A municipal authority [ |
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a response under Section 212.025 [ |
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previously conditionally approved or disapproved plan or plat, or | ||
disapproved development permit, if the response adequately | ||
addresses each condition of the conditional approval or each reason | ||
for the disapproval. | ||
(d) A previously conditionally approved or disapproved plan | ||
or plat, or disapproved development permit, is approved if: | ||
(1) the applicant filed a response that meets the | ||
requirements of Subsection (c); and | ||
(2) the municipal authority [ |
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received the response does not disapprove the plan, [ |
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permit on or before the date required by Subsection (a) and in | ||
accordance with Section 212.024 [ |
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Sec. 212.027 [ |
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ALTERNATIVE APPROVAL PROCESS. (a) Notwithstanding Sections | ||
212.023 [ |
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212.026 [ |
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approval for a plan, [ |
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alternative approval process adopted by a municipality if the | ||
process allows for a shorter approval period than the approval | ||
process described by Sections 212.023 [ |
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(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 | ||
212.023 [ |
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212.026 [ |
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disapproval of a plan, [ |
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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. | ||
Sec. 212.030 [ |
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PROHIBITED. A municipal authority [ |
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an applicant to waive a deadline or other approval procedure under | ||
this subchapter. | ||
Sec. 212.031 [ |
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In a legal action challenging a disapproval of a plan, [ |
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development permit under this 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 4. Section 212.0155(e), Local Government Code, is | ||
amended to read as follows: | ||
(e) The municipal authority may not approve the new plat | ||
without adequate consideration of testimony and the record from the | ||
public hearings and making the findings required by Subsection (k). | ||
Not later than the 30th day after the date on which all proceedings | ||
necessary for the public hearings have concluded, the municipal | ||
authority shall take action on the application for the new plat. | ||
Sections 212.023(a) [ |
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approval of plats under this section. | ||
SECTION 5. Section 242.001(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) Except as provided by Subsections (d)(3) and (4), a | ||
municipality and a county may not both regulate subdivisions and | ||
approve related permits in the extraterritorial jurisdiction of a | ||
municipality after an agreement under Subsection (d) is executed. | ||
The municipality and the county shall enter into a written | ||
agreement that identifies the governmental entity authorized to | ||
regulate subdivision plats and approve related permits in the | ||
extraterritorial jurisdiction. For a municipality in existence on | ||
September 1, 2001, the municipality and county shall enter into a | ||
written agreement under this subsection on or before April 1, 2002. | ||
For a municipality incorporated after September 1, 2001, the | ||
municipality and county shall enter into a written agreement under | ||
this subsection not later than the 120th day after the date the | ||
municipality incorporates. On reaching an agreement, the | ||
municipality and county shall certify that the agreement complies | ||
with the requirements of this chapter. The municipality and the | ||
county shall adopt the agreement by order, ordinance, or | ||
resolution. The agreement must be amended by the municipality and | ||
the county if necessary to take into account an expansion or | ||
reduction in the extraterritorial jurisdiction of the | ||
municipality. The municipality shall notify the county of any | ||
expansion or reduction in the municipality's extraterritorial | ||
jurisdiction. Any expansion or reduction in the municipality's | ||
extraterritorial jurisdiction that affects property that is | ||
subject to a preliminary or final plat, a plat application, or an | ||
application for a related permit filed with the municipality or the | ||
county or that was previously approved under Section 212.023 | ||
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Chapter 245. The approval of the plat, any permit, a plat | ||
application, or an application for a related permit remains | ||
effective as provided by Chapter 245 regardless of the change in | ||
designation as extraterritorial jurisdiction of the municipality. | ||
SECTION 6. Section 242.003(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) The agreement must be amended by the county and the | ||
municipality if necessary to take into account an expansion or | ||
reduction in the extraterritorial jurisdiction of the | ||
municipality. The municipality shall notify the county of any | ||
expansion or reduction in the municipality's extraterritorial | ||
jurisdiction. Any expansion or reduction in the municipality's | ||
extraterritorial jurisdiction that affects property that is | ||
subject to a preliminary or final plat, a plat application, or an | ||
application for a related permit filed with the municipality or the | ||
county or that was previously approved under Section 212.023 | ||
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Chapter 245. The approval of the plat, any permit, a plat | ||
application, or an application for a related permit remains | ||
effective as provided by Chapter 245 regardless of the change in | ||
designation as extraterritorial jurisdiction of the municipality. | ||
SECTION 7. Section 214.904, Local Government Code, is | ||
repealed. | ||
SECTION 8. The requirement that a municipality process a | ||
certain percentage of development applications and development | ||
inspections in a calendar year as prescribed by Section 212.028(b), | ||
Local Government Code, as added by this Act, applies only to a | ||
calendar year that begins on or after the effective date of this | ||
Act. | ||
SECTION 9. Not later than the effective date of this Act, | ||
the Texas Department of Housing and Community Affairs shall comply | ||
with the requirements of Section 212.029, Local Government Code, as | ||
added by this Act. | ||
SECTION 10. The changes in law made by this Act apply only | ||
to a development application or request for a development | ||
inspection, as those terms are defined by Section 212.021, Local | ||
Government Code, as added by this Act, submitted on or after the | ||
effective date of this Act. | ||
SECTION 11. This Act takes effect January 1, 2024. |