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Relating to county and municipal approval procedure for land development applications.
No fiscal implication to the State is anticipated.
HB 3167 would make several changes to county and municipal approval procedures for land development applications. This bill would require a municipality to approve or disapprove a plan within 30 days after the date the plan is filed. If the municipality disapproved the plan, it would be required to provide the applicant a written statement of the reasons for disapproval that clearly articulates each specific reason for disapproval. Each specific reason must be directly related to applicable requirements and include a legal citation for the basis of the disapproval. The applicant would be able to submit a written response that remedies each reason for disapproval provided, and the municipality must reconsider the plan within 15 days. Municipalities would be required to approve the plan if the response remedies each reason for disapproval, and the plan would be automatically approved if the municipality does not disapprove the plan as provided under these bill provisions. Municipalities would also be required to hold a public hearing under certain conditions.
Additionally, this bill would prohibit a municipality from requesting or requiring an applicant to waive a deadline or other approval procedure under provisions relating to municipal regulation of subdivisions. In a legal action challenging such a plan, the municipality would have the burden of proof for showing, by clear and convincing evidence, that the disapproval meets applicable requirements. The court would be prohibited from using a deferential standard.
This bill also provides various provisions relating to approval procedures for land development applications.
Texas Action supports HB 3167 because it promotes limited government, free markets, and property rights. This bill would help provide greater transparency and reliability in the land development application process.