88R33183 AMF-D     By: Bettencourt S.R. No. 716     R E S O L U T I O N            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 [or for the use of purchasers or owners of lots fronting   on or adjacent to the streets, alleys, squares, parks, or other   parts].          (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   [AND PLANS].          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 [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 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 [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 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   [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.          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 [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;                (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.