HB1322 - Relating to municipal approval of subdivision plans or plats in certain municipalities.

      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.