bill gives small cities 90 days to approve plats

The text as introduced · 564 words

By: Hopper
H.B. No. 1322

A BILL TO BE ENTITLED

AN ACT

relating to municipal approval of subdivision plans or plats in

certain municipalities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 212.009, Local Government Code, is

amended by amending Subsections (a), (b), (b-1), and (b-2) and

adding Subsection (a-1) to read as follows:

(a) The municipal authority responsible for approving plats

shall approve, approve with conditions, or disapprove a plat

within :

(1) 30 days after the date the plat is filed ; or

(2) in a municipality with a population of less than

10,000, 90 days after the date the plat is filed .

(a-1) A plat is approved by the municipal authority under

this section unless it is disapproved within a [ that ] period

prescribed by this section and in accordance with Section 212.0091.

(b) If an ordinance requires that a 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 plat within :

(1) 30 days after the date the plat is approved by the

planning commission or is approved by the inaction of the

commission ; or

(2) in a municipality with a population of less than

10,000, 90 days after the date the plat is approved by the planning

commission or is approved by the inaction of the commission . [ A

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 prescribed [ 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

shall extend the prescribed [ 30-day ] period described by those

subsections for one or more periods, each not to exceed 30 days if:

(1) both:

(A) 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

(B) the municipal authority or governing body, as

applicable, approves the extension request; or

(2) Chapter 2007, Government Code, requires the

municipality to perform a takings impact assessment in connection

with the plan or plat.

SECTION 2. Section 212.0095(a), Local Government Code, is

amended to read as follows:

(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 plat not later than :

(1) the 15th day after the date the response was

submitted ; or

(2) in a municipality with a population of less than

10,000, the 45th day after the date the response was submitted .

SECTION 3. The changes in law made by this Act apply only to

an 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 applicable to the application immediately

before the effective date of this Act, and that law is continued in

effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.