Bill Text: TX HB3167 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to county and municipal approval procedure for land development applications.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB3167 Detail]
Download: Texas-2019-HB3167-Enrolled.html
H.B. No. 3167 |
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relating to county and municipal approval procedure for land | ||
development applications. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 212.001, Local Government Code, is | ||
amended by amending Subdivision (2) and adding Subdivision (3) to | ||
read as follows: | ||
(2) "Plan" means a subdivision development plan, | ||
including a subdivision plan, subdivision construction plan, site | ||
plan, land development application, and site development plan. | ||
(3) "Plat" includes a preliminary plat, general plan, | ||
final plat, and replat. | ||
SECTION 2. Subchapter A, Chapter 212, Local Government | ||
Code, is amended by adding Section 212.0085 to read as follows: | ||
Sec. 212.0085. APPROVAL PROCEDURE: APPLICABILITY. 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). | ||
SECTION 3. The heading to Section 212.009, Local Government | ||
Code, is amended to read as follows: | ||
Sec. 212.009. APPROVAL PROCEDURE: INITIAL APPROVAL. | ||
SECTION 4. Section 212.009, Local Government Code, is | ||
amended by amending Subsections (a), (b), (c), and (d) and adding | ||
Subsections (b-1) and (b-2) to read as follows: | ||
(a) The municipal authority responsible for approving plats | ||
shall approve, approve with conditions, or disapprove [ |
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plan or plat within 30 days after the date the plan or plat is filed. | ||
A plan or plat is [ |
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unless it is disapproved within that period and in accordance with | ||
Section 212.0091. | ||
(b) If an ordinance requires that a plan or 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 [ |
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after the date the plan or plat is approved by the planning | ||
commission or is [ |
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commission. A plan or plat is [ |
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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 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 | ||
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 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 plan or plat is approved, the municipal 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. | ||
(d) If the municipal authority responsible for approving | ||
plats fails to approve, approve with conditions, or disapprove [ |
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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 (c). | ||
SECTION 5. Subchapter A, Chapter 212, Local Government | ||
Code, is amended by adding Sections 212.0091, 212.0093, 212.0095, | ||
212.0096, 212.0097, and 212.0099 to read as follows: | ||
Sec. 212.0091. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR | ||
DISAPPROVAL REQUIREMENTS. (a) A municipal authority or governing | ||
body that conditionally approves or disapproves a plan or plat | ||
under this 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. | ||
(b) Each condition or reason specified in the written | ||
statement: | ||
(1) must: | ||
(A) be directly related to the requirements under | ||
this subchapter; 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. | ||
Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO | ||
CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional | ||
approval or disapproval of a plan or plat under Section 212.0091, | ||
the applicant may submit to the municipal authority or governing | ||
body that conditionally approved or disapproved the plan or plat 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 plan or plat not later than the 15th day | ||
after the date the response was submitted. | ||
(b) A municipal authority or governing body that | ||
conditionally approves or disapproves a plan or plat following the | ||
submission of a response under Section 212.0093: | ||
(1) must comply with Section 212.0091; and | ||
(2) may disapprove the plan or plat only for a 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 plan or plat 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 is approved if: | ||
(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 plan or plat on or | ||
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 plan or plat under an alternative approval process 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 plan or plat under this 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. 212.0097. APPROVAL PROCEDURE: WAIVER PROHIBITED. A | ||
municipal authority responsible for approving plats or the | ||
governing body of a municipality may not request or require an | ||
applicant to waive a deadline or other approval procedure under | ||
this subchapter. | ||
Sec. 212.0099. JUDICIAL REVIEW OF DISAPPROVAL. In a legal | ||
action challenging a disapproval of a plan or plat 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 6. Section 212.014, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 212.014. REPLATTING WITHOUT VACATING PRECEDING PLAT. | ||
A replat of a subdivision or part of a subdivision may be recorded | ||
and is controlling over the preceding plat without vacation of that | ||
plat if the replat: | ||
(1) is signed and acknowledged by only the owners of | ||
the property being replatted; | ||
(2) is approved[ |
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and | ||
(3) does not attempt to amend or remove any covenants | ||
or restrictions. | ||
SECTION 7. Section 212.015, Local Government Code, is | ||
amended by adding Subsections (a-1), (f), and (g) and amending | ||
Subsection (b) to read as follows: | ||
(a-1) If a proposed replat described by Subsection (a) | ||
requires a variance or exception, a public hearing must be held by | ||
the municipal planning commission or the governing body of the | ||
municipality. | ||
(b) Notice of the hearing required under Subsection (a-1) | ||
[ |
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of the hearing by: | ||
(1) publication in an official newspaper or a | ||
newspaper of general circulation in the county in which the | ||
municipality is located; and | ||
(2) by written notice, with a copy of Subsection (c) | ||
attached, forwarded by the municipal authority responsible for | ||
approving plats to the owners of lots that are in the original | ||
subdivision and that are within 200 feet of the lots to be | ||
replatted, as indicated on the most recently approved municipal tax | ||
roll or in the case of a subdivision within the extraterritorial | ||
jurisdiction, the most recently approved county tax roll of the | ||
property upon which the replat is requested. The written notice may | ||
be delivered by depositing the notice, properly addressed with | ||
postage prepaid, in a post office or postal depository within the | ||
boundaries of the municipality. | ||
(f) If a proposed replat described by Subsection (a) does | ||
not require a variance or exception, the municipality shall, not | ||
later than the 15th day after the date the replat is approved, | ||
provide written notice by mail of the approval of the replat to each | ||
owner of a lot in the original subdivision that is within 200 feet | ||
of the lots to be replatted according to the most recent | ||
municipality or county tax roll. This subsection does not apply to | ||
a proposed replat if the municipal planning commission or the | ||
governing body of the municipality holds a public hearing and gives | ||
notice of the hearing in the manner provided by Subsection (b). | ||
(g) The notice of a replat approval required by Subsection | ||
(f) must include: | ||
(1) the zoning designation of the property after the | ||
replat; and | ||
(2) a telephone number and e-mail address an owner of a | ||
lot may use to contact the municipality about the replat. | ||
SECTION 8. Subchapter A, Chapter 232, Local Government | ||
Code, is amended by adding Section 232.0023 to read as follows: | ||
Sec. 232.0023. APPROVAL PROCEDURE: APPLICABILITY. The plat | ||
application approval procedures under this subchapter apply to a | ||
county regardless of whether the county has entered into an | ||
interlocal agreement, including an interlocal agreement between a | ||
municipality and county under Section 242.001(d). | ||
SECTION 9. 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 10. Section 232.0025, Local Government Code, is | ||
amended by amending Subsections (d), (f), (g), (h), and (i), and | ||
adding Subsection (d-1) to read as follows: | ||
(d) Except as provided by Subsection (f), the commissioners | ||
court or the court's designee shall approve, approve with | ||
conditions, or disapprove [ |
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application[ |
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than the 30th [ |
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application is received by the commissioners court or the court's | ||
designee. An application is approved by the commissioners court or | ||
the court's designee unless the application is disapproved within | ||
that period and in accordance with Section 232.0026. | ||
(d-1) Notwithstanding Subsection (d), if a groundwater | ||
availability certification is required under Section 232.0032, the | ||
30-day period described by that subsection begins on the date the | ||
applicant submits the groundwater availability certification to | ||
the commissioners court or the court's designee, as applicable. | ||
(f) The 30-day [ |
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(1) may be extended for a [ |
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exceed 30 days, if: | ||
(A) requested and agreed to in writing by the | ||
applicant and approved by the commissioners court or the court's | ||
designee; or | ||
(B) [ |
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Chapter 2007, Government Code, requires the county to perform a | ||
takings impact assessment in connection with the [ |
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application; and | ||
(2) [ |
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control of the commissioners court or the court's designee. | ||
(g) The commissioners court or the court's designee shall | ||
make the determination under Subsection (f)(1) [ |
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the 30-day [ |
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day after the date a completed plat application is received by the | ||
commissioners court or the court's designee. | ||
(h) The commissioners court or the court's designee may not | ||
require [ |
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procedure contained in this subchapter [ |
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(i) If the commissioners court or the court's designee fails | ||
to approve, approve with conditions, or disapprove a plat | ||
application [ |
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subchapter [ |
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(1) the commissioners court shall refund the greater | ||
of the unexpended portion of any [ |
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or 50 percent of an [ |
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been paid; | ||
(2) the [ |
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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 [ |
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SECTION 11. Subchapter A, Chapter 232, Local Government | ||
Code, is amended by adding Sections 232.0026, 232.0027, 232.0028, | ||
232.00285, and 232.0029 to read as follows: | ||
Sec. 232.0026. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR | ||
DISAPPROVAL REQUIREMENTS. (a) A commissioners court or 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. | ||
(b) Each condition or reason specified in the written | ||
statement: | ||
(1) must: | ||
(A) be directly related to the requirements of | ||
this subchapter; and | ||
(B) include a citation to the law, including a | ||
statute or order, that is the basis for the conditional approval or | ||
disapproval, if applicable; and | ||
(2) may not be arbitrary. | ||
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 | ||
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 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 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 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 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 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. | ||
Sec. 232.00285. DEVELOPMENT PLAN REVIEW. (a) In this | ||
section, "development plan" includes a preliminary plat, | ||
preliminary subdivision plan, subdivision construction plan, site | ||
plan, general plan, land development application, or site | ||
development plan. | ||
(b) Unless explicitly authorized by another law of this | ||
state, a county may not require a person to submit a development | ||
plan during the plat approval process required by this subchapter. | ||
If a county is authorized under another law of this state to require | ||
approval of a development plan, the county must comply with the | ||
approval procedures under this subchapter during the approval | ||
process. | ||
Sec. 232.0029. JUDICIAL REVIEW OF DISAPPROVAL. In a legal | ||
action challenging a disapproval of a plat application under this | ||
subchapter, the county 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 12. Section 232.0025(e), Local Government Code, is | ||
repealed. | ||
SECTION 13. The change in law made by this Act applies only | ||
to a plat application filed on or after the effective date of this | ||
Act. A development or plan application filed before the effective | ||
date of this Act is governed by the law in effect immediately before | ||
the effective date of this Act, and that law is continued in effect | ||
for that purpose. | ||
SECTION 14. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3167 was passed by the House on May 2, | ||
2019, by the following vote: Yeas 119, Nays 18, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3167 was passed by the Senate on May | ||
21, 2019, by the following vote: Yeas 27, Nays 3, 1 present, not | ||
voting | ||
. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |