Bill Text: TX SR716 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction on HB 3697.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-05-28 - Reported enrolled [SR716 Detail]
Download: Texas-2023-SR716-Enrolled.html
By: Bettencourt | S.R. No. 716 |
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BE IT RESOLVED by the Senate of the State of Texas, 88th | ||
Legislature, Regular Session, 2023, That Senate Rule 12.03 be | ||
suspended in part as provided by Senate Rule 12.08 to enable the | ||
conference committee appointed to resolve the differences on | ||
House Bill 3697 (county regulation of subdivisions and approval | ||
of subdivision plans or plats) to consider and take action on the | ||
following matters: | ||
(1) Senate Rules 12.03(1), (3), and (4) are suspended to | ||
permit the committee to change, alter, or amend text which is not | ||
in disagreement, to add text on any matter which is not in | ||
disagreement, and to add text on any matter which is not included | ||
in either the house or senate version of the bill in proposed | ||
SECTION 1 of the bill, in Section 232.001, Local Government Code, | ||
by amending Subsection (a) and adding Subsection (g) to read as | ||
follows: | ||
(a) The owner of a tract of land located outside the | ||
limits of a municipality must have a plat of the subdivision | ||
prepared if the owner divides the tract into two or more parts to | ||
lay out: | ||
(1) a subdivision of the tract, including an | ||
addition; | ||
(2) lots; or | ||
(3) streets, alleys, squares, parks, or other parts | ||
of the tract intended by the owner of the tract to be dedicated to | ||
public use [ |
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(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. | ||
Explanation: The change is necessary to repeal the plat | ||
preparation requirement in relation to purchasers or owners of | ||
certain lots and to specify the date on which a plat is considered | ||
filed. | ||
(2) Senate Rule 12.03(4) is suspended to permit the | ||
committee to add text on any matter which is not included in | ||
either the house or senate version of the bill by adding the | ||
following SECTIONS to the bill: | ||
SECTION 2. 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 3. The heading to Section 232.0025, Local | ||
Government Code, is amended to read as follows: | ||
Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF | ||
PLATS [ |
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SECTION 5. Section 232.0026(a), Local Government Code, | ||
is amended to read as follows: | ||
(a) A commissioners court or county authority | ||
responsible for approving plats [ |
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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 6. 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 [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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response does not disapprove the application on or before the | ||
date required by Subsection (a) and in accordance with Section | ||
232.0026. | ||
SECTION 8. Section 232.0025(d-1), Local Government Code, | ||
is repealed. | ||
Explanation: The change is necessary to provide | ||
limitations on county regulation of subdivisions and approval of | ||
subdivision plats and plans. | ||
(3) Senate Rule 12.03(4) is suspended to permit the | ||
committee to add text on any matter which is not included in | ||
either the house or senate version of the bill in proposed | ||
SECTION 4 of the bill, by amending Sections 232.0025(b), (c), | ||
(d), (f), (g), and (h), Local Government Code, and adding Section | ||
232.0025(f-1), Local Government Code, 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 [ |
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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 [ |
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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 [ |
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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 [ |
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or the county authority [ |
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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 [ |
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(B) Chapter 2007, Government Code, requires | ||
the county to perform a takings impact assessment in connection | ||
with the plat application; or [ |
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(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 | ||
[ |
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(g) The commissioners court or the county authority | ||
responsible for approving plats [ |
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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 [ |
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(h) The commissioners court or the county authority | ||
responsible for approving plats [ |
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require an applicant to waive the time limits or approval | ||
procedure contained in this subchapter. | ||
Explanation: The change is necessary to conform to other | ||
changes made in the bill and to change requirements relating to | ||
the timely approval of plat applications. | ||
(4) Senate Rules 12.03(1), (3), and (4) are suspended to | ||
permit the committee to change, alter, or amend text which is not | ||
in disagreement, to add text on any matter which is not in | ||
disagreement, and to add text on any matter which is not included | ||
in either the house or senate version of the bill in proposed | ||
SECTION 4 of the bill, by amending Section 232.0025(i), Local | ||
Government Code, to read as follows: | ||
(i) If the commissioners court or the county authority | ||
responsible for approving plats [ |
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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; | ||
[ |
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(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; | ||
(4) the applicant shall recover reasonable | ||
attorney's fees and court costs incurred in bringing an action | ||
under Subdivision (3) if the applicant prevails; and | ||
(5) the county may recover reasonable attorney's | ||
fees and court costs incurred in an action brought under | ||
Subdivision (3) if the county prevails and the court finds the | ||
action is frivolous. | ||
Explanation: The change is necessary to conform to other | ||
changes made in the bill and to provide for the awarding of | ||
attorney's fees and court costs in certain actions. | ||
_______________________________ | ||
President of the Senate | ||
I hereby certify that the | ||
above Resolution was adopted by | ||
the Senate on May 28, 2023, by the | ||
following vote: Yeas 31, Nays 0. | ||
_______________________________ | ||
Secretary of the Senate |