By: Oliverson H.B. No. 4447       A BILL TO BE ENTITLED   AN ACT   relating to the procedure for approval of certain land development   applications by a political subdivision.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 212.001, Local Government Code, is   amended by adding Subdivision (4) to read as follows:                (4)  "Required planning document" means a document   required by the municipality or state or federal law for the   approval of a plan or plat. The term includes, as applicable:                      (A)  associated drainage studies;                      (B)  traffic impact analyses;                      (C)  utility evaluations;                      (D)  geotechnical reports;                      (E)  federal permits such as Federal Emergency   Management Agency Conditional Letters of Map Revision and Letters   of Map Revision; and                      (F)  groundwater availability certifications   required under Section 212.0101.          SECTION 2.  Section 212.008, Local Government Code, is   amended to read as follows:          Sec. 212.008.  APPLICATION FOR APPROVAL. (a) A person   desiring approval of a plan or plat must apply to and file a copy of   the plan or plat with the municipal planning commission or, if the   municipality has no planning commission, the governing body of the   municipality.          (b)  Except as provided by Section 212.0101, a municipal   planning commission or the governing body of the municipality may   not require a person to submit or obtain approval of a required   planning document or fulfill any other prerequisites or conditions   before the person files a copy of the plan or plat with the   municipal planning commission or governing body.          (c)  A municipal planning commission or the governing body of   the municipality may approve a plan or plat on the condition that   the applicant must also submit or obtain approval of certain   required planning documents after the plat application is filed.   If the municipal planning commission or the governing body of the   municipality conditionally approves a plan or plat on such a   condition, the municipality's approval process for each individual   required planning document shall also be subject to the same   procedures and timelines as those prescribed for plans or plats   under Sections 212.009, 212.0091, 212.0093, 212.0095, and   212.0096, with the exception that the municipal planning commission   or the governing body of the municipality may only approve or   disapprove, but may not conditionally approve, each individual   required planning document.          SECTION 3.  Section 212.0085, Local Government Code, is   amended by amending the heading and adding Subsections (b), (c),   and (d) to read as follows:          Sec. 212.0085.  APPROVAL AND BIFURCATED APPROVAL PROCEDURE:   APPLICABILITY. (a) The approval procedures under this subchapter   apply to a municipality regardless of whether the municipality has   entered into an interlocal agreement, including an interlocal   agreement between a municipality and county under Section   242.001(d).          (b)  After receiving a request from at least five applicants   and conducting a public hearing on the matter at which interested   parties shall be heard, a municipality shall establish a bifurcated   approval procedure under this subchapter, including a phased   approach to the approval of a preliminary plan or plat and a final   plan or plat.          (c)  Each phase of a bifurcated approval procedure adopted   under subsection (b) shall be subject to the approval procedures in   Sections 212.009, 212.0091, 212.0093, and 212.0095.          (d)  An applicant may, but is not required to, opt-in to the   bifurcated approval procedure established by the municipality   under subsection (b).          SECTION 4.  Subchapter A, Chapter 232, Local Government   Code, is amended by adding Section 232.0001 to read as follows:          Sec. 232.0001.  DEFINITIONS.  In this subchapter:                (4)  "Required planning document" means a document   required by the county or state or federal law for the approval of a   plan or plat.  The term includes, as applicable:                      (A)  associated drainage studies;                      (B)  traffic impact analyses;                      (C)  utility evaluations;                      (D)  geotechnical reports;                      (E)  federal permits such as Federal Emergency   Management Agency Conditional Letters of Map Revision and Letters   of Map Revision; and                      (F)  groundwater availability certifications   required under Section 212.0101.          SECTION 5.  Section 232.0025, Local Government Code, is   amended by adding Subsections (b-1) and (b-2) to read as follows:          (b-1)  Except as provided by Section 232.0032, a county may   not require a person desiring approval of a plat to submit or obtain   approval of a required planning document or otherwise fulfill any   prerequisites or conditions before filing a copy of the plat   application with the commissioners court or the court's designee.          (b-2)  A commissioners court or the court's designee may   conditionally approve a plat application on the condition that the   applicant must also submit or obtain approval of certain required   planning documents after the plat application is filed. If   commissioners court or the court's designee conditionally approves   a plat application on such a condition, the county's approval   process for each individual required planning document shall also   be subject to the same procedures and timelines as those prescribed   for plat applications under Sections 232.0025, 232.0026, 232.0027,   and 232.0028, with the exception that the commissioners court or   the court's deignee may only approve or disapprove, but may not   conditionally approve, each individual required planning document.          SECTION 6.  Section 232.0023, Local Government Code, is   amended by amending the heading and adding Subsections (b), (c),   and (d) to read as follows:          Sec. 232.0023.  APPROVAL AND BIFURCATED APPROVAL PROCEDURE:   APPLICABILITY.  (a) The plat application approval procedures under   this subchapter apply to a county regardless of whether the county   has entered into an interlocal agreement, including an interlocal   agreement between a municipality and county under Section   242.001(d).          (b)  After receiving a request from at least five applicants   and conducting a public hearing on the matter at which interested   parties shall be heard, a county shall establish a bifurcated   approval procedure under this subchapter, including a phased   approach to the approval of a preliminary plat and a final plat.          (c)  Each phase of a bifurcated approval procedure adopted   under subsection (b) shall be subject to the approval procedures in   Sections 232.0025, 232.0026, 232.0027, and 232.0028.          (d)  An applicant may, but is not required to, opt-in to the   bifurcated approval procedure established by the county under   subsection (b).          SECTION 7.  The change in law made by this Act applies only   to a plan or plat application filed on or after the effective date   of this Act.  A plan or plat application filed before the effective   date of this Act is governed by the law in effect immediately before   the effective date of this Act, and that law is continued in effect   for that purpose.          SECTION 8.  This Act takes effect September 1, 2021.