County plat-approval authorities must publish the required filing checklist, promptly notify applicants of missing items, and decide completed plat applications within the stated deadlines unless an extension rule applies.
Sec. 232.0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF PLATS. (a) The commissioners court of a county or a person designated by the commissioners court shall issue a written list of all documentation and other information that must be submitted with a plat application. The documentation or other information must relate to a requirement authorized under this section or other applicable law. An application submitted to the commissioners court or the person designated by the commissioners court that contains all documents and other information on the written list is considered complete. The commissioners court shall post and continuously maintain the most current version of the list on the county's Internet website. (b) If a person submits a plat application to the commissioners court that does not include all of the documentation or other information required by Subsection (a), the commissioners court or the county authority responsible for approving plats shall, not later than the 10th business day after the date the commissioners court receives the application, notify the applicant of the missing documents or other information. The commissioners court shall allow an applicant to timely submit the missing documents or other information. (c) An application is considered complete when all documentation or other information required by Subsection (a) is received. Acceptance by the commissioners court or the county authority responsible for approving plats of a completed plat application with the documentation or other information required by Subsection (a) shall not be construed as approval of the documentation or other information. (d) Except as provided by Subsection (f), the commissioners court or the county authority responsible for approving plats shall approve, approve with conditions, or disapprove a plat application not later than the 30th day after the date the completed application is received by the commissioners court or the county authority. An application is approved by the commissioners court or the county authority unless the application is disapproved within that period and in accordance with Section 232.0026. (d-1) Repealed by Acts 2023, 88th Leg., R.S., Ch. 866 (H.B. 3697), Sec. 8, eff. September 1, 2023. (e) Repealed by Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 12, eff. September 1, 2019. (f) The 30-day period under Subsection (d): (1) for a purpose related to Chapter 2007, Government Code, may be extended for a period not to exceed 30 days, if: (A) requested and agreed to in writing by the applicant and approved by the commissioners court or the county authority responsible for approving plats; or (B) Chapter 2007, Government Code, requires the county to perform a takings impact assessment in connection with the plat application; or (2) for a purpose unrelated to Chapter 2007, Government Code, may be extended for one or more periods, not to exceed 30 days, if requested and agreed to in writing by the applicant and approved by the commissioners court or the county authority. (f-1) The 30-day period under Subsection (d) applies only to a decision wholly within the control of the commissioners court or the county authority responsible for approving plats. (g) The commissioners court or the county authority responsible for approving plats shall make the determination under Subsection (f)(1) of whether the 30-day period will be extended not later than the 20th day after the date a completed plat application is received by the commissioners court or the county authority. (h) The commissioners court or the county authority responsible for approving plats may not require an applicant to waive the time limits or approval procedure contained in this subchapter. (i) If the commissioners court or the county authority responsible for approving plats fails to approve, approve with conditions, or disapprove a plat application as required by this subchapter: (1) the commissioners court shall refund the greater of the unexpended portion of any application fee or deposit or 50 percent of an application fee or deposit that has been paid; (2) the application is granted by operation of law; (3) the applicant may apply to a district court in the county where the tract of land is located for a writ of mandamus to compel the commissioners court to issue documents recognizing the plat application's approval; (4) the applicant shall recover reasonable attorney's fees and court costs incurred in bringing an action under Subdivision (3) if the applicant prevails; and (5) the county may recover reasonable attorney's fees and court costs incurred in an action brought under Subdivision (3) if the county prevails and the court finds the action is frivolous. Added by Acts 1999, 76th Leg., ch. 129, Sec. 3, eff. Sept. 1, 1999. Amended by: Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 10, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 12, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 866 (H.B. 3697), Sec. 3, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 866 (H.B. 3697), Sec. 4, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 866 (H.B. 3697), Sec. 8, eff. September 1, 2023.