Bill Text: TX SR717 | 2023-2024 | 88th Legislature | Enrolled


Bill Title: Suspending limitations on conference committee jurisdiction, H.B. No. 3699.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2023-05-28 - Reported enrolled [SR717 Detail]

Download: Texas-2023-SR717-Enrolled.html
 
 
  By: Bettencourt S.R. No. 717
 
 
SENATE RESOLUTION
         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 3699 (municipal regulation of subdivisions and
  approval of subdivision plans or plats) to consider and take
  action on the following matters:
         (1)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter which is not included in either
  the house or senate version of the bill by adding the following
  SECTIONS to the bill:
         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 6.  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 9.  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 10.  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 11.  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.
         Explanation: This change is necessary to provide
  limitations on municipal regulation of subdivisions and approval
  of subdivision plans or plats.
         (2)  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 a matter which is not in
  disagreement, and to add text on a matter which is not included in
  either the house or senate version of the bill in proposed
  SECTION 4 of the bill, in Section 212.004, Local Government Code,
  by amending Subsections (a) and (b) and adding Subsections (f)
  and (g) 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 use of
  purchasers or owners of lots fronting on or adjacent to the
  streets, alleys, squares, parks, or other parts] 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 use of purchasers or owners of lots fronting on or
  adjacent to the street, alley, square, park, or other part].
         (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.
         (g)  The governing body of a municipality or the municipal
  authority responsible for approving plats may not require an
  analysis, study, document, agreement, or similar requirement to
  be included in or as part of an application for a plat,
  development permit, or subdivision of land that is not explicitly
  required by state law.
         Explanation:  This change is necessary to repeal the plat
  preparation requirement in relation to purchasers or owners of
  certain lots, to specify the date on which a plat is considered
  filed, and to prohibit a municipality or municipal authority from
  requiring certain additional materials for a plat, development
  permit, or subdivision of land.
         (3)  Senate Rules 12.03(3) and (4) are suspended to permit
  the committee to add text on a matter which is not in disagreement
  and to add text on a matter which is not included in either the
  house or senate version of the bill in proposed SECTION 8 of the
  bill, by amending Sections 212.009(a), (b), (c), and (d), Local
  Government Code, 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.
         (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).
         Explanation:  This change is necessary to conform to other
  changes made in the bill.
         (4)  Senate Rule 12.03(1) is suspended to permit the
  committee to change, alter, or amend text which is not in
  disagreement in proposed SECTION 8 of the bill, in amended
  Section 212.009(b-2), Local Government Code, by striking "a
  period" and substituting "one or more periods, each [a period]".
         Explanation: This change is necessary to provide for
  multiple extensions for the deadlines provided by Section
  212.009, Local Government Code.
         (5)  Senate Rule 12.03(1) is suspended to permit the
  committee to change, alter, or amend text which is not in
  disagreement in proposed SECTION 12 of the bill, in added Section
  212.010(e), Local Government Code, by striking "The prevailing
  party may recover reasonable and necessary attorney's fees and
  court costs in the action." and substituting the following:
  The applicant shall recover reasonable attorney's fees and court
  costs in the action if the applicant prevails. The municipality
  may recover reasonable attorney's fees and court costs in the
  action if the municipality prevails and the court finds the
  action is frivolous.
         Explanation:  This change is necessary to provide
  different standards for recovery of attorney's fees and court
  costs for an applicant and a municipality.
 
 
 
 
    _______________________________ 
        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
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