reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 212.005 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.005. Approval by Municipality Required

Sec. 212.005.  APPROVAL BY MUNICIPALITY REQUIRED.  The municipal authority responsible for approving plats must approve a plat or replat that is required to be prepared under this subchapter and that satisfies all applicable regulations.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 1046, Sec. 2, eff. Aug. 30, 1993.|
TX Loc Govt Code § 212.006 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.006. Authority Responsible for Approval Generally

Sec. 212.006.  AUTHORITY RESPONSIBLE FOR APPROVAL GENERALLY.  (a)  The municipal authority responsible for approving plats under this subchapter is the municipal planning commission or, if the municipality has no planning commission, the governing body of the municipality.  The governing body by ordinance may require the approval of the governing body in addition to that of the municipal planning commission.(b)  In a municipality with a population of more than 1.5 million, at least two members of the municipal planning commission, but not more than 25 percent of the membership of the commission, must be residents of the area outside the limits of the municipality and in which the municipality exercises its authority to approve subdivision plats.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989.|
TX Loc Govt Code § 212.0065 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.0065. Delegation of Approval Responsibility

Sec. 212.0065.  DELEGATION OF APPROVAL RESPONSIBILITY.  (a)  The governing body of a municipality may delegate to one or more officers or employees of the municipality or of a utility owned or operated by the municipality the ability to approve:(1)  amending plats described by Section 212.016;(2)  minor plats or replats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities; or(3)  a replat under Section 212.0145 that does not require the creation of any new street or the extension of municipal facilities.(b)  The designated person or persons may, for any reason, elect to present the plat for approval to the municipal authority responsible for approving plats.(c)  The person or persons shall not disapprove the plat and shall be required to refer any plat which the person or persons refuse to approve to the municipal authority responsible for approving plats within the time period specified in Section 212.009.|Added by Acts 1989, 71st Leg., ch. 345, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 92, Sec. 1, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 566, Sec. 1, eff. June 2, 1997;  Acts 1999, 76th Leg., ch. 1130, Sec. 2, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 402, Sec. 13, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 316 (H.B. 2281), Sec. 1, eff. June 15, 2007.|
TX Loc Govt Code § 212.007 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.007. Authority Responsible for Approval: Tract in Extraterritorial Jurisdiction of More Than One Municipality

Sec. 212.007.  AUTHORITY RESPONSIBLE FOR APPROVAL:  TRACT IN EXTRATERRITORIAL JURISDICTION OF MORE THAN ONE MUNICIPALITY.  (a)  For a tract located in the extraterritorial jurisdiction of more than one municipality, the authority responsible for approving a plat under this subchapter is the authority in the municipality with the largest population that under Section 212.006 has approval responsibility.  The governing body of that municipality may enter into an agreement with any other affected municipality or with any other municipality having area that, if unincorporated, would be in the extraterritorial jurisdiction of the governing body's municipality delegating to the other municipality the responsibility for plat approval within specified parts of the affected area.(b)  Either party to an agreement under Subsection (a) may revoke the agreement after 20 years have elapsed after the date of the agreement unless the parties agree to a shorter period.(c)  A copy of the agreement shall be filed with the county clerk.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 212.008 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.008. Application for Approval

Sec. 212.008.  APPLICATION FOR APPROVAL.  A person desiring approval of a plat must apply to and file a copy of the plat with the municipal planning commission or, if the municipality has no planning commission, the governing body of the municipality.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 212.0085 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.0085. Approval Procedure: Applicability

Sec. 212.0085.  APPROVAL PROCEDURE: APPLICABILITY.  The approval procedures under this subchapter apply to a municipality regardless of whether the municipality has entered into an interlocal agreement, including an interlocal agreement between a municipality and county under Section 242.001(d).|Added by Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 2, eff. September 1, 2019.|
TX Loc Govt Code § 212.0091 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.0091. Approval Procedure: Conditional Approval or Disapproval Requirements

Sec. 212.0091.  APPROVAL PROCEDURE:  CONDITIONAL APPROVAL OR DISAPPROVAL REQUIREMENTS.  (a)  A municipal authority or governing body that conditionally approves or disapproves a plan or plat under this subchapter shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for disapproval.(b)  Each condition or reason specified in the written statement:(1)  must:(A)  be directly related to the requirements under this subchapter; and(B)  include a citation to the law, including a statute or municipal ordinance, that is the basis for the conditional approval or disapproval, if applicable; and(2)  may not be arbitrary.|Added by Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 5, eff. September 1, 2019.|
TX Loc Govt Code § 212.0093 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.0093. Approval Procedure: Applicant Response to Conditional Approval or Disapproval

Sec. 212.0093.  APPROVAL PROCEDURE: APPLICANT RESPONSE TO CONDITIONAL APPROVAL OR DISAPPROVAL.  After the conditional approval or disapproval of a plan or plat under Section 212.0091, the applicant may submit to the municipal authority or governing body that conditionally approved or disapproved the plan or plat a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided.  The municipal authority or governing body may not establish a deadline for an applicant to submit the response.|Added by Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 5, eff. September 1, 2019.|
TX Loc Govt Code § 212.0095 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.0095. Approval Procedure: Approval or Disapproval of Response

Sec. 212.0095.  APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL OF RESPONSE.  (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 plan or plat not later than the 15th day after the date the response was submitted.(b)  A municipal authority or governing body that conditionally approves or disapproves a plan or plat following the submission of a response under Section 212.0093:(1)  must comply with Section 212.0091; and(2)  may disapprove the plan or plat only for a specific condition or reason provided to the applicant under Section 212.0091.(c)  A municipal authority or governing body that receives a response under Section 212.0093 shall approve a previously conditionally approved or disapproved plan or plat if the response adequately addresses each condition of the conditional approval or each reason for the disapproval.(d)  A previously conditionally approved or disapproved plan or plat is approved if:(1)  the applicant filed a response that meets the requirements of Subsection (c); and(2)  the municipal authority or governing body that received the response does not disapprove the plan or plat on or before the date required by Subsection (a) and in accordance with Section 212.0091.|Added by Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 5, eff. September 1, 2019.|
TX Loc Govt Code § 212.0096 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.0096. Approval Procedure: Alternative Approval Process

Sec. 212.0096.  APPROVAL PROCEDURE: ALTERNATIVE APPROVAL PROCESS. (a) Notwithstanding Sections 212.009, 212.0091, 212.0093, and 212.0095, an applicant may elect at any time to seek approval for a plan or plat under an alternative approval process adopted by a municipality if the process allows for a shorter approval period than the approval process described by Sections 212.009, 212.0091, 212.0093, and 212.0095.(b)  An applicant that elects to seek approval under the alternative approval process described by Subsection (a) is not:(1)  required to satisfy the requirements of Sections 212.009, 212.0091, 212.0093, and 212.0095 before bringing an action challenging a disapproval of a plan or plat under this subchapter; and(2)  prejudiced in any manner in bringing the action described by Subdivision (1), including satisfying a requirement to exhaust any and all remedies.|Added by Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 5, eff. September 1, 2019.|
TX Loc Govt Code § 212.0097 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.0097. Approval Procedure: Waiver Prohibited

Sec. 212.0097.  APPROVAL PROCEDURE: WAIVER PROHIBITED. A municipal authority responsible for approving plats or the governing body of a municipality may not request or require an applicant to waive a deadline or other approval procedure under this subchapter.|Added by Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 5, eff. September 1, 2019.|
TX Loc Govt Code § 212.0099 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.0099. Judicial Review of Disapproval

Sec. 212.0099.  JUDICIAL REVIEW OF DISAPPROVAL.  In a legal action challenging a disapproval of a plan or plat under this subchapter, the municipality has the burden of proving by clear and convincing evidence that the disapproval meets the requirements of this subchapter or any applicable case law.  The court may not use a deferential standard.|Added by Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 5, eff. September 1, 2019.|
TX Loc Govt Code § 212.010 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.010. Standards for Approval

Sec. 212.010.  STANDARDS FOR APPROVAL.  (a)  The municipal authority responsible for approving plats shall approve a plat if:(1)  it conforms to the general plan of the municipality and its current and future streets, alleys, parks, playgrounds, and public utility facilities; (2)  it conforms to the general plan for the extension of the municipality and its roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities;(3)  a bond required under Section 212.0106, if applicable, is filed with the municipality;  and(4)  it conforms to any rules adopted under Section 212.002.(b)  However, the municipal authority responsible for approving plats may not approve a plat unless the plat and other documents have been prepared as required by Section 212.0105, if applicable.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 624, Sec. 3.01, eff. Sept. 1, 1989.|
TX Loc Govt Code § 212.0101 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.0101. Additional Requirements: Use of Groundwater

Sec. 212.0101.  ADDITIONAL REQUIREMENTS:  USE OF GROUNDWATER.  (a)  If a person submits a plat for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land, the municipal authority responsible for approving plats by ordinance may require the plat application to have attached to it a statement that:(1)  is prepared by an engineer licensed to practice in this state or a geoscientist licensed to practice in this state;  and(2)  certifies that adequate groundwater is available for the subdivision. (b)  The Texas Commission on Environmental Quality by rule shall establish the appropriate form and content of a certification to be attached to a plat application under this section.(c)  The Texas Commission on Environmental Quality, in consultation with the Texas Water Development Board, by rule shall require a person who submits a plat under Subsection (a) to transmit to the Texas Water Development Board and any groundwater conservation district that includes in the district's boundaries any part of the subdivision information that would be useful in:(1)  performing groundwater conservation district activities;(2)  conducting regional water planning;(3)  maintaining the state's groundwater database; or(4)  conducting studies for the state related to groundwater.|Added by Acts 1999, 76th Leg., ch. 460, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 99, Sec. 2(a), eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 515 (S.B. 662), Sec. 1, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.29, eff. September 1, 2007.|
TX Loc Govt Code § 212.0105 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.0105. Water and Sewer Requirements in Certain Counties

Sec. 212.0105.  WATER AND SEWER REQUIREMENTS IN CERTAIN COUNTIES.  (a)  This section applies only to a person who:(1)  is the owner of a tract of land in  a county in which a political subdivision that is eligible for and has applied for financial assistance through Subchapter K, Chapter 17, Water Code;(2)  divides the tract in a manner that creates any lots that are intended for residential purposes and are five acres or less;  and(3)  is required under this subchapter to have a plat prepared for the subdivision.(b)  The owner of the tract:(1)  must:(A)  include on the plat or have attached to the plat a document containing a description of the water and sewer service facilities that will be constructed or installed to service the subdivision and a statement of the date by which the facilities will be fully operable;  and(B)  have attached to the plat a document prepared by an engineer registered to practice in this state certifying that the water and sewer service facilities described by the plat or on the document attached to the plat are in compliance with the model rules adopted under Section 16.343, Water Code;  or(2)  must:(A)  include on the plat a statement that water and sewer service facilities are unnecessary for the subdivision;  and(B)  have attached to the plat a document prepared by an engineer registered to practice in this state certifying that water and sewer service facilities are unnecessary for the subdivision under the model rules adopted under Section 16.343, Water Code.(c)  The governing body of the municipality may extend, beyond the date specified on the plat or on the document attached to the plat, the date by which the water and sewer service facilities must be fully operable if the governing body finds the extension is reasonable and not contrary to the public interest.  If the facilities are fully operable before the expiration of the extension period, the facilities are considered to have been made fully operable in a timely manner.  An extension is not reasonable if it would allow a residence in the subdivision to be inhabited without water or sewer services.|Added by Acts 1989, 71st Leg., ch. 624, Sec. 3.01, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 422, Sec. 7, eff. Sept. 1, 1991.Amended by: Acts 2005, 79th Leg., Ch. 927 (H.B. 467), Sec. 13, eff. September 1, 2005.|
TX Loc Govt Code § 212.0106 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.0106. Bond Requirements and Other Financial Guarantees in Certain Counties

Sec. 212.0106.  BOND REQUIREMENTS AND OTHER FINANCIAL GUARANTEES IN CERTAIN COUNTIES.  (a)  This section applies only to a person described by Section 212.0105(a).(b)  If the governing body of a municipality in a county described by Section 212.0105(a)(1)(A) or (B) requires the owner of the tract to execute a bond, the owner must do so before subdividing the tract unless an alternative financial guarantee is provided under Subsection (c).  The bond must:(1)  be payable to the presiding officer of the governing body or to the presiding officer's successors in office;(2)  be in an amount determined by the governing body to be adequate to ensure the proper construction or installation of the water and sewer service facilities to service the subdivision but not to exceed the estimated cost of the construction or installation of the facilities;(3)  be executed with sureties as may be approved by the governing body;(4)  be executed by a company authorized to do business as a surety in this state if the governing body requires a surety bond executed by a corporate surety;  and(5)  be conditioned that the water and sewer service facilities will be constructed or installed:(A)  in compliance with the model rules adopted under Section 16.343, Water Code;  and(B)  within the time stated on the plat or on the document attached to the plat for the subdivision or within any extension of that time.(c)  In lieu of the bond an owner may deposit cash, a letter of credit issued by a federally insured financial institution, or other acceptable financial guarantee.(d)  If a letter of credit is used, it must:(1)  list as the sole beneficiary the presiding officer of the governing body;  and(2)  be conditioned that the water and sewer service facilities will be constructed or installed:(A)  in compliance with the model rules adopted under Section 16.343, Water Code;  and(B)  within the time stated on the plat or on the document attached to the plat for the subdivision or within any extension of that time.|Added by Acts 1989, 71st Leg., ch. 624, Sec. 3.01, eff. Sept. 1, 1989.|
TX Loc Govt Code § 212.011 (2021)
2021 Texas Statutes|Local Government Code|Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities|Subtitle A - Municipal Regulatory Authority|Chapter 212 - Municipal Regulation of Subdivisions and Property Development|Subchapter A. Regulation of Subdivisions|Section 212.011. Effect of Approval on Dedication

Sec. 212.011.  EFFECT OF APPROVAL ON DEDICATION.  (a)  The approval of a plat is not considered an acceptance of any proposed dedication and does not impose on the municipality any duty regarding the maintenance or improvement of any dedicated parts until the appropriate municipal authorities make an actual appropriation of the dedicated parts by entry, use, or improvement.(b)  The disapproval of a plat is considered a refusal by the municipality of the offered dedication indicated on the plat.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|