By: Oliverson, et al. (Senate Sponsor - Hughes) H.B. No. 866
         (In the Senate - Received from the House April 13, 2023;
  April 18, 2023, read first time and referred to Committee on Local
  Government; May 22, 2023, reported favorably by the following
  vote:  Yeas 6, Nays 1; May 22, 2023, sent to printer.)
Click here to see the committee vote
 
 
 
  COMMITTEE VOTE
 
 
         YeaNayAbsentPNV
         BettencourtX
         SpringerX
         EckhardtX
         GutierrezX
         HallX
         NicholsX
         ParkerX
         PaxtonX
         WestX
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  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)  ["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 212.0015 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 [:
               [(1)  amending plats described by Section 212.016;
               [(2)  minor plats or replats involving four or fewer
  lots fronting on an existing street and not requiring the creation
  of any new street or the extension of municipal facilities; or
               [(3)  a replat under Section 212.0145 that does not
  require the creation of any new street or the extension of municipal
  facilities].
         (c)  An applicant has the right to appeal to the governing
  body of the municipality or the municipal planning commission if
  the designated [The] person disapproves a [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 212.009].
         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 [plan or]
  plat within 30 days after the date the [plan or] plat is filed.  A
  [plan or] plat is 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 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 the [plan or] plat within 30 days
  after the date the [plan or] plat is approved by the planning
  commission or is approved by the inaction of the commission.  A
  [plan or] plat is approved by the governing body unless it is
  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 [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 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 (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 [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.
         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 [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.
         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 [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 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
  [AND PLANS].
         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
  [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 county
  authority responsible for approving plats [court's designee] of a
  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
  [court's designee] shall approve, approve with conditions, or
  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 [court's designee]. An application is
  approved by the commissioners court or the county authority
  [court's designee] unless the application is disapproved within
  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 [court's designee]; or
                     (B)  Chapter 2007, Government Code, requires the
  county to perform a takings impact assessment in connection with
  the plat application; or [and]
               (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 [court's
  designee].
         (g)  The commissioners court or the county authority
  responsible for approving plats [court's designee] shall make the
  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 [court's designee].
         (h)  The commissioners court or the county authority
  responsible for approving plats [court's designee] may not require
  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 [court's designee] fails to
  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 [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.
         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 [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 county authority [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 county authority
  responsible for approving plats [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 county authority responsible
  for approving plats [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 county authority responsible
  for approving plats [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 county authority
  responsible for approving plats [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.
         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.
 
  * * * * *