87R21684 SCL-F     By: Oliverson H.B. No. 4447     Substitute the following for H.B. No. 4447:     By:  Biedermann C.S.H.B. No. 4447       A BILL TO BE ENTITLED   AN ACT   relating to the procedure for approval of certain land development   applications by a municipality or county.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 212.001, Local Government Code, is   amended by adding Subdivisions (1-a), (1-b), (1-c), (4), and (5) to   read as follows:                (1-a) "Land development" means an activity relating to   the development or redevelopment of land, including subdivision   development, construction of subdivision improvements, site   development, and development of on-site and off-site improvements.                (1-b) "Land development application" means an   application or other document relating to land development under   this chapter that is required to be approved by a municipal body   before the land development may commence. The term includes a title   or description used by municipalities to refer to those   applications or other documents, including "preliminary plat,"   "plat," "final plat," "replat," "preliminary plan," "master   planning document," "master development plan," "plan," "general   plan," "subdivision development plan," "subdivision plan," "site   plan," or "site development plan." The term does not include:                      (A)  an application or other document for which   approval by a municipal body does not authorize the land   development to commence; or                      (B)  a subdivision construction plan, subdivision   engineering plan, or similar or related plan.                (1-c) "Municipal body" means the applicable municipal   authority for approving a land development application. The term   includes a municipal planning commission or its designee, a   municipality authority for approving land development applications   or its designee, and the governing body of the municipality or its   designee.                (4)  "Required document" means a document required by   the municipality or state or federal law for the approval of a land   development application. The term includes, as applicable:                      (A)  associated drainage studies;                      (B)  traffic impact analyses;                      (C)  utility evaluations;                      (D)  geotechnical reports;                      (E)  groundwater availability certifications   required under Section 212.0101;                      (F)  tree surveys or mitigation studies;                      (G)  studies of wetlands or waters of the United   States; and                      (H)  endangered species studies.                (5)  "Submit" means the act by a person of providing,   delivering, or relaying by any means a copy of a land development   application to a municipal body. The term includes all variations   of the term, including "apply to and submit," "submitted," and   "submitting."  The term does not include the acceptance,   acknowledgment, receipt, processing, or performance of a   completeness check of the land development application or required   document or any other action by a municipal body in response to the   submission of a copy of the land development application.          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 land development application [plat] must   apply to and submit [file] a copy of the application [plat] with the   municipal planning commission or its designee or, if the   municipality has no planning commission, the governing body of the   municipality or its designee.          (b)  Except as provided by Section 212.0101, a municipal body   may not require a person to submit a required document or fulfill   any other prerequisites or conditions before the person submits a   copy of a land development application with the body.          SECTION 3.  Subchapter A, Chapter 212, Local Government   Code, is amended by adding Sections 212.0082, 212.0083, and   212.0087 to read as follows:          Sec. 212.0082.  APPROVAL PROCEDURE: REQUIRED DOCUMENTS. (a)   A municipal body may require a person desiring approval of a land   development application to submit a required document for the   application only if:                (1)  the governing body of the municipality has adopted   the requirement by ordinance; and                (2)  the municipality made available to the person   before the submission of the application:                      (A)  a list of all required documents for the   application; or                      (B)  publications of all required documents for   the application.           (b)  A municipal body may not require a person to submit new   or additional required documents for which the requirements of   Subsection (a) have not been met.           (c)  A municipal body may not, on the grounds that a person   has failed to submit for a land development application a required   document for which the requirements of Subsection (a) have not been   met:                (1)  refuse to accept, acknowledge, receive, or process   the application or other required documents;                (2)  disapprove the application or other required   documents;                (3)  consider the application or other required   documents incomplete; or                (4)  refuse to comply with the procedures and timelines   prescribed for land development applications and required   documents under this subchapter with respect to the application and   documents.          Sec. 212.0083.  APPROVAL PROCEDURE: APPROVAL AND   CONDITIONAL APPROVAL OF REQUIRED DOCUMENTS. (a) A person desiring   approval of a land development application may submit required   documents with the application or after submitting the application.   If the person elects to submit the documents afterwards, a   municipal body may conditionally approve the application on the   condition that the applicant submit the documents in accordance   with Subsection (c).           (b)  An election by a person to submit the required documents   after submitting a land development application is not grounds for   a municipal body to:                (1)  refuse to accept, acknowledge, receive, or process   the application or documents;                (2)  disapprove the application or documents;                (3)  consider the application or documents incomplete;   or                (4)  refuse to comply with the procedures and timelines   prescribed for land development applications and required   documents under this subchapter with respect to the person's   application and documents.          (c)  A municipal body that conditionally approves a land   development application under Subsection (a) must:                (1)  make an approval determination on each individual   required document under the same approval procedures and timelines   as those prescribed for a land development application under this   subchapter;                (2)  approve or disapprove, but not conditionally   approve, each individual required document;                (3)  provide to the applicant comments on a required   document not later than the 30th day after the date the applicant   submits the document; and                (4)  make an approval determination on a required   document not later than the 60th day after the date the applicant   submits the document.          (d)  On disapproval of a required document, an applicant may   submit to the municipal body a written response that remedies each   reason for disapproval. The municipal body may not establish a   deadline for the applicant to submit the response.          (e)  On receipt of a response under Subsection (d), a   municipal body shall determine whether to approve or disapprove the   applicant's previously disapproved required document not later   than the 15th day after the date the applicant submits the response.          Sec. 212.0087.  APPROVAL PROCEDURE: BIFURCATED APPROVAL.   (a) After receiving a request from at least five applicants and   conducting a public hearing on the matter at which interested   parties must be heard, a municipality shall establish a bifurcated   approval procedure under this subchapter, including a phased   approach to the approval of a land development application.          (b)  Each phase of a bifurcated approval procedure adopted   under Subsection (a) must be subject to the approval procedures   prescribed by this subchapter.          (c)  An applicant may, but is not required to, opt in to the   bifurcated approval procedure established by a municipality under   Subsection (a).          SECTION 4.  Section 212.009, Local Government Code, is   amended to read as follows:          Sec. 212.009.  APPROVAL PROCEDURE: INITIAL APPROVAL. (a) The   municipal body [authority responsible for approving plats] shall   approve, approve with conditions, or disapprove a land development   application [plan or plat] within 30 days after the date the   application [plan or plat] is submitted [filed]. An application [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 land development   application [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   application [plan or plat] within 30 days after the date the   application [plan or plat] is approved by the planning commission   or is approved by the inaction of the commission. An application [A   plan or plat] is approved by the governing body unless it is   disapproved within that period and in accordance with Section   212.0091.          (b-1)  Notwithstanding Subsection (a) or (b), if a   groundwater availability certification is required under Section   212.0101, the 30-day period described by those subsections begins   on the date the applicant submits the groundwater availability   certification to the municipal [authority responsible for   approving plats or the governing] body [of the municipality, as   applicable].          (b-2)  Notwithstanding Subsection (a) or (b), the parties   may extend the 30-day period described by those subsections for a   period not to exceed 30 days if:                (1)  the applicant requests the extension in writing to   the municipal [authority responsible for approving plats or the   governing] body [of the municipality, as applicable]; and                (2)  the municipal [authority or governing] body[, as   applicable,] approves the extension request.          (c)  If a land development application [plan or plat] is   approved, the municipal body [authority giving the approval] shall   endorse the application [plan or plat] with a certificate   indicating the approval. The certificate must be signed by:                (1)  the body's [authority's] presiding officer and   attested by the body's [authority's] secretary; or                (2)  a majority of the members of the body [authority].          (d)  If the municipal body [authority responsible for   approving plats] fails to approve, approve with conditions, or   disapprove a land development application [plan or plat] within the   prescribed period, the body [authority] on the applicant's request   shall issue a certificate stating the date the application [plan or   plat] was submitted [filed] and that the body [authority] failed to   act on the application [plan or plat] within the period. The   certificate is effective in place of the endorsement required by   Subsection (c).          (e)  The municipal body [authority responsible for approving   plats] shall maintain a record of each land development application   submitted [made] to the body [authority] and the body's   [authority's] action taken on it. On request of an owner of an   affected tract, the body [authority] shall certify the reasons for   the action taken on an application.          SECTION 5.  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 land development   application [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 6.  Sections 212.0093, 212.0095, 212.0096,   212.0097, and 212.0099, 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 land development application [plan or   plat] under Section 212.0091, the applicant may submit to the   municipal [authority or governing] body that conditionally   approved or disapproved the application [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 land development application [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 land development   application [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 application [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 land development application   [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 land   development application [plan or plat] is approved if:                (1)  the applicant submitted [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 application [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 212.0083, 212.009, 212.0091,   212.0093, and 212.0095, an applicant may elect at any time to seek   approval for a land development application [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 212.0083, 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   212.0083, 212.009, 212.0091, 212.0093, and 212.0095 before   bringing an action challenging a disapproval of a land development   application [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.          Sec. 212.0097.  APPROVAL PROCEDURE: WAIVER PROHIBITED. (a) A   municipal [authority responsible for approving plats or the   governing] body [of a municipality] may not request or require an   applicant to waive a deadline or other approval procedure under   this subchapter.          (b)  An applicant may not waive a deadline or other approval   procedure or any other provision or requirement under this   subchapter.          Sec. 212.0099.  JUDICIAL REVIEW OF DISAPPROVAL. In a legal   action challenging a disapproval of a land development application   [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.          SECTION 7.  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:                (1)  "Land development" means an activity relating to   the development or redevelopment of land, including subdivision   development, construction of subdivision improvements, site   development, and development of on-site and off-site improvements.                (2)  "Land development application" means an   application or other document relating to land development under   this chapter that is required to be approved by the commissioners   court or the court's designee before the land development may   commence. The term includes a title or description used by counties   to refer to those applications or other documents, including   "preliminary plat," "plat," "final plat," and "replat." The term   does not include:                      (A)  an application or other document for which   approval by the commissioners court or the court's designee does   not authorize the land development to commence; and                      (B)  a subdivision construction plan, subdivision   engineering plan, or similar or related plan.                (3)  "Required document" means a document required by   law for the approval of a land development application. The term   includes groundwater availability certifications required under   Section 232.0032, if applicable.                (4)  "Submit" means the act by a person of providing,   delivering, or relaying by any means a copy of a land development   application to the commissioners court or the court's designee.   The term includes all variations of the term, including "submitted"   and "submitting." The term does not include the acceptance,   acknowledgment, receipt, processing, or performance of a   completeness check of the land development application or required   document or any other action by the commissioners court or the   court's designee in response to the submission of a copy of the land   development application.          SECTION 8.  Section 232.0023, Local Government Code, is   amended to read as follows:          Sec. 232.0023.  APPROVAL PROCEDURE: APPLICABILITY. The land   development [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).          SECTION 9.  Subchapter A, Chapter 232, Local Government   Code, is amended by adding Sections 232.00235 and 232.0024 to read   as follows:          Sec. 232.00235.  APPROVAL PROCEDURE: REQUIRED DOCUMENTS AND   CONDITIONAL APPROVAL. (a) A person desiring approval of a land   development application may submit required documents with the   application or after submitting the application. If the person   elects to submit the documents afterwards, the commissioners court   or the court's designee may conditionally approve the application   on the condition that the applicant submit the documents in   accordance with Subsection (c).           (b)  An election by a person to submit the required documents   after submitting a land development application is not grounds for   the commissioners court or the court's designee to:                (1)  refuse to accept, acknowledge, receive, or process   the application or documents;                (2)  disapprove the application or documents;                (3)  consider the application or documents incomplete;   or                (4)  refuse to comply with the procedures and timelines   prescribed for land development applications and required   documents under this subchapter with respect to the person's   application and documents.          (c)  The commissioners court or court's designee that   conditionally approves a land development application under   Subsection (a) must:                (1)  make an approval determination on each individual   required document under the same approval procedures and timelines   as those prescribed for a land development application under this   subchapter;                (2)  approve or disapprove, but not conditionally   approve, each individual required document;                (3)  provide to the applicant comments on a required   document not later than the 30th day after the date the applicant   submits the document; and                (4)  make an approval determination on a required   document not later than the 60th day after the date the applicant   submits the document.          (d)  On disapproval of a required document, an applicant may   submit to the commissioners court or the court's designee a written   response that remedies each reason for disapproval. The   commissioners court or the court's designee may not establish a   deadline for the applicant to submit the response.          (e)  On receipt of a response under Subsection (d), a   commissioners court or the court's designee shall determine whether   to approve or disapprove the applicant's previously disapproved   required document not later than the 15th day after the date the   applicant submits the response.          Sec. 232.0024.  APPROVAL PROCEDURE: BIFURCATED APPROVAL.   (a) After receiving a request from at least five applicants and   conducting a public hearing on the matter at which interested   parties must be heard, a county shall establish a bifurcated   approval procedure under this subchapter, including a phased   approach to the approval of a land development application.          (b)  Each phase of a bifurcated approval procedure adopted   under Subsection (a) must be subject to the approval procedures   prescribed by this subchapter.          (c)  An applicant may, but is not required to, opt in to the   bifurcated approval procedure established by a county under   Subsection (a).          SECTION 10.  The heading to Section 232.0025, Local   Government Code, is amended to read as follows:          Sec. 232.0025.  APPROVAL PROCEDURE: TIMELY APPROVAL OF   APPLICATIONS AND REQUIRED DOCUMENTS [PLATS AND PLANS].          SECTION 11.  Section 232.0025, Local Government Code, is   amended by amending Subsections (a), (b), (c), (d), (f), (g), (h),   and (i) and adding Subsections (b-1), (b-2), and (b-3) to read as   follows:          (a)  The commissioners court of a county or a person   designated by the commissioners court shall issue a written list or   publication of the required documents [documentation] and other   information that must be submitted with a land development [plat]   application. The documentation or other information must relate to   a requirement authorized under this section or other applicable law   and have been adopted as a requirement by the county by order. An   application submitted to the commissioners court or the person   designated by the commissioners court that contains the documents   and other information on the list is considered complete.          (b)  If a person submits a land development [plat]   application to the commissioners court that does not include all of   the required documents [documentation] or other information   required by Subsection (a), the commissioners court or the 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.          (b-1)  Except as provided by Section 232.0032, a   commissioners court or the court's designee may not require a   person to submit a required document or fulfill any other   prerequisites or conditions before the person submits a copy of a   land development application.          (b-2)  A commissioners court or the court's designee may not   require a person to submit new or additional required documents for   which the requirements of Subsection (a) have not been met.           (b-3)  A commissioners court or the court's designee may not,   on the grounds that a person has failed to submit for a land   development application a required document for which the   requirements of Subsection (a) have not been met:                (1)  refuse to accept, acknowledge, receive, or process   the application or other required documents;                (2)  disapprove the application or other required   documents;                (3)  consider the application or other required   documents incomplete; or                (4)  refuse to comply with the procedures and timelines   prescribed for land development applications and required   documents under this subchapter with respect to the application and   documents.          (c)  An application is considered complete when all required   documents [documentation] or other information required by   Subsection (a) is received. Acceptance by the commissioners court   or the court's designee of a completed land development [plat]   application with the required documents [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 court's designee shall approve, approve with   conditions, or disapprove a land development [plat] application not   later than the 30th day after the date the completed application is   received by the commissioners court or the court's designee. An   application is approved by the commissioners court or the 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)  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 court's   designee; or                      (B)  Chapter 2007, Government Code, requires the   county to perform a takings impact assessment in connection with   the land development [plat] application; and                (2)  applies only to a decision wholly within the   control of the commissioners court or the court's designee.          (g)  The commissioners court or the 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 land development [plat] application is received by   the commissioners court or the court's designee.          (h)  The commissioners court or the court's designee may not   require an applicant to waive the time limits or approval procedure   contained in this subchapter. An applicant may not waive the time   limits or approval procedures contained in this subchapter.          (i)  If the commissioners court or the court's designee fails   to approve, approve with conditions, or disapprove a land   development [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   land development [plat] application's approval.          SECTION 12.  Section 232.0026(a), Local Government Code, is   amended to read as follows:          (a)  A commissioners court or designee that conditionally   approves or disapproves of a land development [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 13.  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 land development [plat] application   under Section 232.0026, the applicant may submit to the   commissioners court or 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 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 designee that receives a   response under Section 232.0027 shall determine whether to approve   or disapprove the applicant's previously conditionally approved or   disapproved land development [plat] application not later than the   15th day after the date the response was submitted under Section   232.0027.          (b)  A commissioners court or designee that conditionally   approves or disapproves a land development [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 designee that receives a   response under Section 232.0027 shall approve a previously   conditionally approved or disapproved land development [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 land   development [plat] application is approved if:                (1)  the applicant submitted [filed] a response that   meets the requirements of Subsection (c); and                (2)  the commissioners court or 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 14.  Section 232.0029, Local Government Code, is   amended to read as follows:          Sec. 232.0029.  JUDICIAL REVIEW OF DISAPPROVAL. In a legal   action challenging a disapproval of a land development [plat]   application under this subchapter, the county 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.          SECTION 15.  Section 212.001(2), Local Government Code, is   repealed.          SECTION 16.  The changes in law made by this Act apply only   to a land development application submitted on or after the   effective date of this Act. An application submitted 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 17.  This Act takes effect September 1, 2021.