88R33235 SCL-D     By: Bettencourt S.R. No. 717     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 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.