HB 3167 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
HB 3167	TX	2019	R	Deadlines, Other streamlining, Streamline application, Written findings, burden and standard of proof

Provided by Furman

Summary

Requires a municipal authority or governing body that conditionally approves or disapproves a plan or plat to provide the applicant with a written statement of conditions for conditional approval or reasons for disapproval. Conditions or reasons specified must be directly related to relevant requirements, cite to the law on which the condition or reason is based, and may not be arbitrary.

Allows applicants to submit a written response aimed at satisfying conditions for conditional approval or remedies for disapproval without a deadline.

Requires a municipal authority or governing body to approve or disapprove the applicant’s previously conditionally approved or disapproved plan or plat within 15 days after submission of the applicant’s written response. The municipal authority or governing body must approve a plan or plat if the response adequately addresses each condition of the conditional approval or reason for disapproval. If no action is taken on an adequate response within 15 days, it is automatically approved.

Allows applicants to elect to seek approval of a plan or plat under an alternative approval process adopted by a municipality as long as it allows for a shorter approval period.

Prohibits municipal authorities from requesting or requiring an applicant to waive a deadline or other approval procedure.

Places the burden of proof on a municipality to prove by clear and convincing evidence that the disapproval meets applicable requirements.

Revises county approval procedures for land development applications found in Subchapter A, Chapter 232, Local Government Code, adding Sections 232.0026 through 232.0029, mirroring the requirements imposed on municipalities outlined above.

Provided by lawmakers