Bill Text: TX HB3167 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
86R20764 SCL-F | |||
By: Oliverson | H.B. No. 3167 | ||
Substitute the following for H.B. No. 3167: | |||
By: Craddick | C.S.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 preliminary plat, preliminary subdivision plan, | ||
subdivision construction plan, site development plan, and final | ||
plat. | ||
(3) "Plat" includes a 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. Sections 212.009(a), (b), (c), and (d), Local | ||
Government Code, are amended to read as follows: | ||
(a) The municipal authority responsible for approving plats | ||
shall approve or disapprove [ |
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after the date the plan [ |
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approved by the municipal authority unless it is disapproved within | ||
that period and in accordance with Section 212.0091. | ||
(b) If an ordinance requires that a plan [ |
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by the governing body of the municipality in addition to the | ||
planning commission, the governing body shall approve or disapprove | ||
[ |
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[ |
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approved by the inaction of the commission. A plan [ |
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considered approved by the governing body unless it is disapproved | ||
within that period and in accordance with Section 212.0091. | ||
(c) If a plan [ |
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giving the approval shall endorse the plan [ |
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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 or disapprove [ |
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the prescribed period, the authority on request shall issue a | ||
certificate stating the date the plan [ |
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authority failed to act on the plan [ |
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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, | ||
212.0097, and 212.0099 to read as follows: | ||
Sec. 212.0091. APPROVAL PROCEDURE: DISAPPROVAL | ||
REQUIREMENTS. (a) A municipal authority or governing body that | ||
disapproves a plan under this subchapter shall provide the | ||
applicant a written statement of the reasons for disapproval that | ||
clearly articulates each specific reason for disapproval. | ||
(b) Each 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 | ||
disapproval, if applicable; and | ||
(2) may not be arbitrary or intended to delay | ||
approval. | ||
Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO | ||
DISAPPROVAL. After the disapproval of a plan under Section | ||
212.0091, the applicant may submit to the municipal authority or | ||
governing body that disapproved the plan a written response that | ||
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 disapproved | ||
plan not later than the 15th day after the date the response was | ||
submitted. | ||
(b) A municipal authority or governing body that | ||
disapproves a plan following the submission of a response under | ||
Section 212.0093: | ||
(1) must comply with Section 212.0091; and | ||
(2) may disapprove the plan only for a specific reason | ||
provided to the applicant for the original plan under Section | ||
212.0091. | ||
(c) A municipal authority or governing body that receives a | ||
response under Section 212.0093 shall approve a previously | ||
disapproved plan if the response adequately addresses each reason | ||
for the disapproval. | ||
(d) A previously disapproved plan is considered 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 on or before the | ||
date required by Subsection (a) and in accordance with Section | ||
212.0091. | ||
Sec. 212.0097. APPROVAL PROCEDURE: WAIVER PROHIBITED. A | ||
municipal authority responsible for approving plans 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 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. Chapter 212, Local Government Code, is amended | ||
by adding Subchapter H to read as follows: | ||
SUBCHAPTER H. APPROVAL PROCEDURES FOR LAND DEVELOPMENT | ||
APPLICATIONS | ||
Sec. 212.201. DEFINITION. In this subchapter, "development | ||
application" means an application for approval of proposed land | ||
development required by a municipality. The term does not include | ||
an application for the approval of a plat or other plan governed by | ||
Subchapter A. | ||
Sec. 212.202. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
applies 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. 212.203. INITIAL APPROVAL OR DISAPPROVAL. (a) A | ||
municipality that adopts a regulation requiring municipal approval | ||
for proposed land development shall determine whether to approve or | ||
disapprove a development application not later than the 30th day | ||
after the date the application is filed with the municipality. | ||
(b) A development application is considered approved by the | ||
municipality unless the municipality disapproves of the | ||
application in the period described by Subsection (a) and in | ||
accordance with Section 212.204. | ||
Sec. 212.204. DISAPPROVAL REQUIREMENTS. (a) A | ||
municipality that disapproves of a development application under | ||
this subchapter shall provide the applicant a written statement of | ||
the reasons for disapproval that clearly articulates each specific | ||
reason for disapproval. | ||
(b) Each reason specified in the written statement: | ||
(1) must: | ||
(A) be directly related to the requirements of | ||
the regulation requiring the approval; and | ||
(B) include a citation to the law, including a | ||
statute or municipal ordinance, that is the basis for the | ||
disapproval, if applicable; and | ||
(2) may not be arbitrary or intended to delay | ||
approval. | ||
Sec. 212.205. APPLICANT RESPONSE TO DISAPPROVAL. After the | ||
disapproval of a development application under Section 212.204, the | ||
applicant may submit to the municipality a written response that | ||
remedies each reason for disapproval provided. The municipality | ||
may not establish a deadline for an applicant to submit the | ||
response. | ||
Sec. 212.206. APPROVAL OR DISAPPROVAL OF RESPONSE. (a) A | ||
municipality that receives a response under Section 212.205 shall | ||
determine whether to approve or disapprove the applicant's | ||
previously disapproved development application not later than the | ||
15th day after the date the response was submitted. | ||
(b) A municipality that disapproves a development | ||
application following the submission of a response under Section | ||
212.205: | ||
(1) must comply with Section 212.204; and | ||
(2) may disapprove the application only for a specific | ||
reason provided to the applicant for the original application under | ||
Section 212.204. | ||
(c) A municipality that receives a response under Section | ||
212.205 shall approve a previously disapproved development | ||
application if the response adequately addresses each reason for | ||
the disapproval. | ||
(d) A previously disapproved development application is | ||
considered approved if: | ||
(1) the applicant filed a response that meets the | ||
requirements of Subsection (c); and | ||
(2) the municipality does not disapprove the | ||
application on or before the date required by Subsection (a) and in | ||
accordance with Section 212.204. | ||
Sec. 212.207. WAIVER PROHIBITED. A municipality may not | ||
request or require an applicant to waive a deadline or other | ||
approval procedure under this subchapter. | ||
Sec. 212.208. JUDICIAL REVIEW OF DISAPPROVAL. In a legal | ||
action challenging a disapproval of a development application 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 7. Subchapter A, Chapter 232, Local Government | ||
Code, is amended by adding Sections 232.0005 and 232.0023 to read as | ||
follows: | ||
Sec. 232.0005. DEFINITION. In this subchapter, "plan" | ||
means a subdivision development plan, including a preliminary plat, | ||
preliminary subdivision plan, subdivision construction plan, site | ||
development plan, and final plat. | ||
Sec. 232.0023. APPROVAL PROCEDURE: APPLICABILITY. The plan | ||
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 8. Section 232.0025, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF PLATS | ||
AND OTHER PLANS. (a) The commissioners court of a county or a | ||
person designated by the commissioners court shall issue a written | ||
list of the documentation and other information that must be | ||
submitted with a plan [ |
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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 the documents and other | ||
information on the list is considered complete. | ||
(b) If a person submits a plan [ |
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commissioners court that does not include all of the documentation | ||
or other information required by Subsection (a), the commissioners | ||
court or the 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 court's | ||
designee of a completed plan [ |
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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 court's designee shall approve or disapprove [ |
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the date the [ |
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commissioners court or the court's designee. An application is | ||
considered 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. | ||
[ |
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(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 plan [ |
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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)(2) of whether the | ||
30-day [ |
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after the date a completed plan [ |
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the commissioners court or the court's designee. | ||
(h) The commissioners court or the court's designee may not | ||
request or compel an applicant to waive the time limits or any other | ||
approval procedure contained in this subchapter [ |
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(i) If the commissioners court or the court's designee fails | ||
to approve or disapprove a plan application [ |
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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 | ||
plan application's [ |
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SECTION 9. Subchapter A, Chapter 232, Local Government | ||
Code, is amended by adding Sections 232.0026, 232.0027, 232.0028, | ||
and 232.0029 to read as follows: | ||
Sec. 232.0026. APPROVAL PROCEDURE: DISAPPROVAL | ||
REQUIREMENTS. (a) A commissioners court or designee that | ||
disapproves of a plan application under this subchapter shall | ||
provide the applicant a written statement of the specific reasons | ||
for disapproval that clearly articulates each specific reason for | ||
disapproval. | ||
(b) Each 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 disapproval, if | ||
applicable; and | ||
(2) may not be arbitrary or intended to delay | ||
approval. | ||
Sec. 232.0027. APPROVAL PROCEDURE: APPLICANT RESPONSE TO | ||
DISAPPROVAL. After the disapproval of a plan application under | ||
Section 232.0026, the applicant may submit to the commissioners | ||
court or designee that disapproved the application a written | ||
response that 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 disapproved plan | ||
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 disapproves a | ||
plan 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 | ||
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 | ||
disapproved plan application if the applicant's response | ||
adequately addresses each reason for the disapproval. | ||
(d) A previously disapproved plan application is considered | ||
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. 232.0029. JUDICIAL REVIEW OF DISAPPROVAL. In a legal | ||
action challenging a disapproval of a plan 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 10. The change in law made by this Act applies only | ||
to a development or plan 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 11. This Act takes effect September 1, 2019. |