Bill Text: TX HB3699 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to municipal regulation of subdivisions and approval of subdivision plans or plats.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [HB3699 Detail]
Download: Texas-2023-HB3699-Comm_Sub.html
Bill Title: Relating to municipal regulation of subdivisions and approval of subdivision plans or plats.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [HB3699 Detail]
Download: Texas-2023-HB3699-Comm_Sub.html
By: Wilson (Senate Sponsor - Bettencourt) | H.B. No. 3699 | |
(In the Senate - Received from the House May 10, 2023; | ||
May 11, 2023, read first time and referred to Committee on Local | ||
Government; May 18, 2023, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 7, Nays 2; | ||
May 18, 2023, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 3699 | By: Parker |
COMMITTEE VOTE | ||
YeaNayAbsentPNV | ||
BettencourtX | ||
SpringerX | ||
EckhardtX | ||
GutierrezX | ||
HallX | ||
NicholsX | ||
ParkerX | ||
PaxtonX | ||
WestX | ||
|
||
|
||
relating to municipal regulation of subdivisions and approval of | ||
subdivision plans or plats. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 212, Local Government | ||
Code, is amended by adding Section 212.0021 to read as follows: | ||
Sec. 212.0021. SUBDIVISION REQUIREMENTS. The governing | ||
body of a municipality, by ordinance and after notice is published | ||
in a newspaper of general circulation in the municipality, may: | ||
(1) adopt, based on the amount and kind of travel over | ||
each street or road in a subdivision, reasonable specifications | ||
relating to the construction of each street or road; and | ||
(2) adopt reasonable specifications to provide | ||
adequate drainage for each street or road in a subdivision in | ||
accordance with standard engineering practices. | ||
SECTION 2. Section 212.003(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) The governing body of a municipality by ordinance may | ||
extend to the extraterritorial jurisdiction of the municipality the | ||
application of municipal ordinances adopted under Section 212.002 | ||
and other municipal ordinances relating to access to public roads | ||
or the pumping, extraction, and use of groundwater by persons other | ||
than retail public utilities, as defined by Section 13.002, Water | ||
Code, for the purpose of preventing the use or contact with | ||
groundwater that presents an actual or potential threat to human | ||
health. However, unless otherwise authorized by state law, in its | ||
extraterritorial jurisdiction a municipality shall not regulate, | ||
either directly or indirectly: | ||
(1) the use of any building or property for business, | ||
industrial, residential, or other purposes; | ||
(2) the bulk, height, or number of buildings | ||
constructed on a particular tract of land; | ||
(3) the size of a building that can be constructed on a | ||
particular tract of land, including without limitation any | ||
restriction on the ratio of building floor space to the land square | ||
footage; | ||
(4) the minimum size of a lot, dimensions of a lot, | ||
minimum width of a lot frontage, minimum distance a lot must be set | ||
back from a road or property line, or another component of lot | ||
density on a particular tract of land; | ||
(5) the number of residential units that can be built | ||
per acre of land; or | ||
(6) [ |
||
a water or wastewater facility that can be constructed to serve a | ||
developed tract of land if[ |
||
[ |
||
established for water or wastewater facilities by state and federal | ||
regulatory entities[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
SECTION 3. Sections 212.004(a) and (b), Local Government | ||
Code, are amended to read as follows: | ||
(a) The owner of a tract of land located within the limits or | ||
in the extraterritorial jurisdiction of a municipality who divides | ||
the tract in two or more parts to lay out a subdivision of the tract, | ||
including an addition to a municipality, to lay out suburban, | ||
building, or other lots, or to lay out 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 private use of | ||
purchasers or owners of lots fronting on or adjacent to the streets, | ||
alleys, squares, parks, or other parts to be maintained by the | ||
purchasers or owners of those lots must have a plat of the | ||
subdivision prepared. A division of a tract under this subsection | ||
includes a division regardless of whether it is made by using a | ||
metes and bounds description in a deed of conveyance or in a | ||
contract for a deed, by using a contract of sale or other executory | ||
contract to convey, or by using any other method. A division of | ||
land under this subsection does not include a division of land into | ||
parts greater than five acres, where each part has access and no | ||
public improvement is being dedicated. | ||
(b) To be recorded, the plat must: | ||
(1) describe the subdivision by metes and bounds; | ||
(2) locate the subdivision with respect to a corner of | ||
the survey or tract or an original corner of the original survey of | ||
which it is a part; and | ||
(3) state the dimensions of the subdivision and of | ||
each street, alley, square, park, or other part of the tract | ||
intended by the owner of the tract to be dedicated to public use or | ||
for the private use of purchasers or owners of lots fronting on or | ||
adjacent to the street, alley, square, park, or other part to be | ||
maintained by the purchasers or owners of those lots. | ||
SECTION 4. Section 212.005, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 212.005. APPROVAL BY MUNICIPALITY REQUIRED. (a) The | ||
municipal authority responsible for approving plats must approve a | ||
plat or replat that is required to be prepared under this subchapter | ||
and that satisfies the requirements of this subchapter [ |
||
(b) This subchapter may not be construed to convey any | ||
authority to a municipality regarding the completeness of an | ||
application or the approval of a plat or replat that is not | ||
explicitly granted by this subchapter. | ||
SECTION 5. Subchapter A, Chapter 212, Local Government | ||
Code, is amended by adding Section 212.0081 to read as follows: | ||
Sec. 212.0081. REQUIRED APPLICATION MATERIALS. (a) Each | ||
municipality shall adopt and make available to the public a | ||
complete, written list of all documentation and other information | ||
that the municipality requires to be submitted with a plat | ||
application. The required documentation and other information must | ||
be related to a requirement authorized under this subchapter. | ||
(b) A plat application submitted to the municipal authority | ||
responsible for approving plats that contains all documents and | ||
other information on the list provided under Subsection (a) is | ||
considered complete. | ||
(c) A municipality that operates an Internet website shall | ||
publish and continuously maintain the list described by Subsection | ||
(a) on the Internet website not later than the 30th day after the | ||
date the municipality adopts or amends the list. | ||
(d) A municipality that does not operate an Internet website | ||
shall publish the list described by Subsection (a) on adoption of | ||
the list or an amendment to the list in: | ||
(1) a newspaper of general circulation in the | ||
municipality; and | ||
(2) a public place in the location in which the | ||
governing body of the municipality meets. | ||
SECTION 6. Section 212.009(b-2), Local Government Code, is | ||
amended to read as follows: | ||
(b-2) Notwithstanding Subsection (a) or (b), the parties | ||
shall [ |
||
for a period not to exceed 30 days if: | ||
(1) both: | ||
(A) 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 | ||
(B) [ |
||
body, as applicable, approves the extension request; or | ||
(2) Chapter 2007, Government Code, requires the | ||
municipality to perform a takings impact assessment in connection | ||
with the plan or plat. | ||
SECTION 7. Section 212.010, Local Government Code, is | ||
amended by adding Subsections (c), (d), and (e) to read as follows: | ||
(c) The municipal authority responsible for approving plats | ||
may not require the dedication of land within a subdivision for a | ||
future street or alley that is: | ||
(1) not intended by the owner of the tract; and | ||
(2) not included, funded, and approved in: | ||
(A) a capital improvement plan adopted by the | ||
municipality; or | ||
(B) a similar plan adopted by a county in which | ||
the municipality is located or the state. | ||
(d) A municipal authority responsible for approving plats | ||
may not refuse to review a plat or 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 a county in | ||
which the municipality is located under that section. | ||
(e) If a municipal authority responsible for approving | ||
plats fails or refuses to approve a plat that meets the requirements | ||
of this subchapter, the owner of the tract that is the subject of | ||
the plat may bring an action in a district court in a county in which | ||
the tract is located for a writ of mandamus to compel the municipal | ||
authority to approve the plat by issuing to the owner applicable | ||
approval documentation. The prevailing party may recover | ||
reasonable and necessary attorney's fees and court costs in the | ||
action. | ||
SECTION 8. As soon as practicable after the effective date | ||
of this Act but not later than January 1, 2024, each municipality | ||
shall adopt and publish the list described by Section 212.0081, | ||
Local Government Code, as added by this Act. | ||
SECTION 9. The changes in law made by this Act apply only to | ||
an application submitted on or after the effective date of this Act. | ||
An application submitted before the effective date of this Act is | ||
governed by the law applicable to the application immediately | ||
before the effective date of this Act, and that law is continued in | ||
effect for that purpose. | ||
SECTION 10. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2023. | ||
* * * * * |