HBA-MPA H.B. 560 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 560
By: Dukes
Land & Resource Management
3/5/1999
Introduced



BACKGROUND AND PURPOSE 

Some developers have found the municipal permitting process to be slow and
cumbersome.  One method of streamlining the process is by formalizing a
period of review prior to the acceptance of an application, during which
the municipality certifies that the application is complete and ready to
enter the city's review process.  By ensuring that the proper documents
have been submitted by the permittee, this "completeness check" may help
cities process applications more efficiently. 

Another problem faced by developers, known as "statutory denial," occurs
when cities are required to review applications within a certain amount of
time, yet find they cannot meet the deadline.  In some cases cities let the
time limit elapse, thus denying the application with no explanation. There
is currently no requirement that a city provide a reasonable justification
for its decision to deny an application.  H.B. 560 provides for a specific
period during which a city must notify an applicant of the completeness of
the application, that the city must provide a detailed explanation for the
denial of an application, and a specific limit on the time a municipality
may take to reach its decision. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 212, Local Government Code, by
adding Section 212.0055, as follows: 

Sec. 212.0055.  TIMELY APPROVAL OF PLATS. (a) Requires the governing body
of a municipality or someone designated by it to issue a written list of
the documentation and other information that must be submitted with a plat
application. Provides that an application submitted which contains the
documents and other information on the list is considered complete. 

(b) Requires the municipal governing body or its designee, if an incomplete
application is submitted, to notify the applicant of the missing
documentation or other information no later than the 30th day after the day
the governing body receives the application, and to allow the applicant to
submit the same in a timely manner. 

(c) Provides that, if the applicant refuses to provide documents or other
information for an application which has been deemed incomplete, the
application is considered complete on the earlier of the 31st day after the
governing body receives the application or the date the governing body
receives notice that the applicant refuses to provide the documents or
other information. 

(d) Requires that final action be taken by the governing body or its
designee, including resolution of all appeals, not later than 90 days after
the completed plat application is received by the governing body. 

(e) Requires that a complete list of reasons be provided to the applicant
if a plat  application is disapproved.  

(f) Authorizes the extension of the 90-day period for final action on plat
applications for a reasonable period at the request of the applicant, and
provides that the 90-day period only applies to a decision wholly within
the control of the municipal governing body or its designee. 

(g) Requires that if the municipal governing body or its designee fails to
take final action within 90 days of the receipt of a complete plat
application, the application is granted by operation of law, and the
applicant may apply to a district court in the county where the plat is
located for a writ to compel the municipal governing body to issue
documents recognizing the plat's approval.  Requires the governing body to
refund to the applicant the greater of the unexpired portion of any plat
application fee or deposit that has been paid, or 50 percent of such a fee. 

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective for plats filed on or
after October 1, 1999. 

SECTION 3.  Emergency clause.