reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter A. General Zoning Regulations › Section 211.018. Continuation of Land Use Regarding Manufactured Home Communities

Sec. 211.018.  CONTINUATION OF LAND USE REGARDING MANUFACTURED HOME COMMUNITIES.  (a)  In this section, "manufactured home," "manufactured home community," and "manufactured home lot" have the meanings assigned by Section 94.001, Property Code.
(b)  The governing body of a municipality may not require a change in the nonconforming use of any manufactured home lot within the boundaries of a manufactured home community if:
(1)  the nonconforming use of the land constituting the manufactured home community is authorized by law; and
(2)  at least 50 percent of the manufactured home lots in the manufactured home community are physically occupied by a manufactured home used as a residence.
(c)  For purposes of Subsection (b), requiring a change in the nonconforming use includes:
(1)  requiring the number of manufactured home lots designated as a nonconforming use to be decreased; and
(2)  declaring that the nonconforming use of the manufactured home lots has been abandoned based on a period of continuous abandonment of use as a manufactured home lot of any lot for less than 12 months.
(d)  A manufactured home owner may install a new or used manufactured home, regardless of the size, or any appurtenance on a manufactured home lot located in a manufactured home community for which a nonconforming use is authorized by law, provided that the manufactured home or appurtenance and the installation of the manufactured home or appurtenance comply with:
(1)  nonconforming land use standards, including standards relating to separation and setback distances and lot size, applicable on the date the nonconforming use of the land constituting the manufactured home community was authorized by law; and
(2)  all applicable state and federal law and standards in effect on the date of the installation of the manufactured home or appurtenance.
(e)  A municipality that prohibits the construction of new single-family residences or the construction of additions to existing single-family residences on a site located in a designated floodplain may, notwithstanding Subsection (b), (c), or (d), prohibit the installation of a manufactured home in a manufactured home community on a manufactured home lot that is located in an equivalently designated floodplain.
Added by Acts 2017, 85th Leg., R.S., Ch. 741 (S.B. 1248), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter B. Additional Zoning Regulations in Municipality With Population of More Than 290,000 › Section 211.021. Additional Zoning Regulations

Sec. 211.021.  ADDITIONAL ZONING REGULATIONS.  (a)  The governing body of a municipality with a population of more than 290,000 that has adopted a comprehensive zoning ordinance under Subchapter A may, by ordinance, divide the municipality into neighborhood zoning areas after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard.  Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the municipality.
(b)  The mayor of the municipality, with the approval of the governing body, may appoint a neighborhood advisory zoning council for each of the neighborhood zoning areas.  Each zoning council must be composed of five citizens who reside in the neighborhood zoning area.  A zoning council member is appointed for a term of two years.
(c)  Each neighborhood advisory zoning council shall provide the zoning commission with information, advice, and recommendations relating to each application filed with the zoning commission for zoning regulation changes that affect property within that neighborhood zoning area.
(d)  On the filing of a zoning change application with the zoning commission, the zoning commission shall provide the appropriate neighborhood advisory zoning council with a copy of the application.  The zoning council shall conduct a public hearing on the application and must publish notice of the time and place of the hearing in an official newspaper or a newspaper of general circulation in the municipality before the 10th day before the date of the hearing.
(e)  At or before the zoning commission's hearing on the zoning change application, the neighborhood advisory zoning council shall submit to the zoning commission any information, advice, and recommendations relating to that application that the zoning council considers proper.  The zoning commission may not overrule a recommendation of the zoning council with respect to the disposition of the application unless at least three-fourths of the members of the zoning commission who are present at the meeting vote to overrule the recommendation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter C. Regulation of Cottage Food Production Operations › Section 211.031. Definitions

Sec. 211.031.  DEFINITIONS.  In this subchapter, "cottage food production operation" and "home" have the meanings assigned by Section 437.001, Health and Safety Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter C. Regulation of Cottage Food Production Operations › Section 211.032. Certain Zoning Regulations Prohibited

Sec. 211.032.  CERTAIN ZONING REGULATIONS PROHIBITED.  A municipal zoning ordinance may not prohibit the use of a home for cottage food production operations.
Added by Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 211 - Municipal Zoning Authority › Subchapter C. Regulation of Cottage Food Production Operations › Section 211.033. Action for Nuisance or Other Tort

Sec. 211.033.  ACTION FOR NUISANCE OR OTHER TORT.  This subchapter does not affect the right of a person to bring a cause of action under other law against an individual for nuisance or another tort arising out of the individual's use of the individual's home for cottage food production operations.
Added by Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 7, eff. September 1, 2013.
2023 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 212.001. Definitions

Sec. 212.001.  DEFINITIONS.  In this subchapter:
(1)  "Extraterritorial jurisdiction" means a municipality's extraterritorial jurisdiction as determined under Chapter 42, except that for a municipality that has a population of 5,000 or more and is located in a county bordering the Rio Grande River, "extraterritorial jurisdiction" means the area outside the municipal limits but within five miles of those limits.
(2)   "Plat" includes a preliminary plat, final plat, and replat.
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.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 1125 (H.B. 3699), Sec. 1, eff. September 1, 2023.
2023 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 212.0015. Construction of Subchapter

Sec. 212.0015.  CONSTRUCTION OF SUBCHAPTER.  This subchapter may not be construed to restrict a municipality from establishing a submittal calendar to be used by an applicant to facilitate compliance with the approval process described by Sections 212.009, 212.0091, 212.0093, and 212.0095.
Added by Acts 2023, 88th Leg., R.S., Ch. 1125 (H.B. 3699), Sec. 2, eff. September 1, 2023.
2023 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 212.002. Rules

Sec. 212.002.  RULES.  After a public hearing on the matter, the governing body of a municipality may adopt rules governing plats and subdivisions of land within the municipality's jurisdiction to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 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 212.0021. Subdivision Requirements

Sec. 212.0021.  SUBDIVISION REQUIREMENTS.  The governing body of a municipality, by ordinance and after notice is published in a newspaper of general circulation in the municipality, may:
(1)  adopt, based on the amount and kind of travel over each street or road in a subdivision, reasonable specifications relating to the construction of each street or road; and
(2)  adopt reasonable specifications to provide adequate drainage for each street or road in a subdivision in accordance with standard engineering practices.
Added by Acts 2023, 88th Leg., R.S., Ch. 1125 (H.B. 3699), Sec. 3, eff. September 1, 2023.
2023 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 212.0025. Chapter-Wide Provision Relating to Regulation of Plats and Subdivisions in Extraterritorial Jurisdiction

Sec. 212.0025.  CHAPTER-WIDE PROVISION RELATING TO REGULATION OF PLATS AND SUBDIVISIONS IN EXTRATERRITORIAL JURISDICTION.  The authority of a municipality under this chapter relating to the regulation of plats or subdivisions in the municipality's extraterritorial jurisdiction is subject to any applicable limitation prescribed by an agreement under Section 242.001.
Added by Acts 2003, 78th Leg., ch. 523, Sec. 6, eff. June 20, 2003.
2023 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 212.003. Extension of Rules to Extraterritorial Jurisdiction

Sec. 212.003.  EXTENSION OF RULES TO EXTRATERRITORIAL JURISDICTION.  (a)  The governing body of a municipality by ordinance may extend to the extraterritorial jurisdiction of the municipality the application of municipal ordinances adopted under Section 212.002 and other municipal ordinances relating to access to public roads or the pumping, extraction, and use of groundwater by persons other than retail public utilities, as defined by Section 13.002, Water Code, for the purpose of preventing the use or contact with groundwater that presents an actual or potential threat to human health.  However, unless otherwise authorized by state law, in its extraterritorial jurisdiction a municipality shall not regulate:
(1)  the use of any building or property for business, industrial, residential, or other purposes;
(2)  the bulk, height, or number of buildings constructed on a particular tract of land;
(3)  the size of a building that can be constructed on a particular tract of land, including without limitation any restriction on the ratio of building floor space to the land square footage;
(4)  the number of residential units that can be built per acre of land;  or
(5)  the size, type, or method of construction of a water or wastewater facility that can be constructed to serve a developed tract of land if:
(A)  the facility meets the minimum standards established for water or wastewater facilities by state and federal regulatory entities;  and
(B)  the developed tract of land is:
(i)  located in a county with a population of 2.8 million or more;  and
(ii)  served by:
(a)  on-site septic systems constructed before September 1, 2001, that fail to provide adequate services;  or
(b)  on-site water wells constructed before September 1, 2001, that fail to provide an adequate supply of safe drinking water.
(b)  A fine or criminal penalty prescribed by the ordinance does not apply to a violation in the extraterritorial jurisdiction.
(c)  The municipality is entitled to appropriate injunctive relief in district court to enjoin a violation of municipal ordinances or codes applicable in the extraterritorial jurisdiction.
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 1989, 71st Leg., ch. 822, Sec. 6, eff. Sept. 1, 1989;  Acts 2001, 77th Leg., ch. 68, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 731, Sec. 3, eff. Sept. 1, 2003.
2023 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 212.004. Plat Required

Sec. 212.004.  PLAT REQUIRED.  (a)  The owner of a tract of land located within the limits or in the extraterritorial jurisdiction of a municipality who divides the tract in two or more parts to lay out a subdivision of the tract, including an addition to a municipality, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended by the owner of the tract to be dedicated to public use must have a plat of the subdivision prepared.  A division of a tract under this subsection includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method.  A division of land under this subsection does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated.
(b)  To be recorded, the plat must:
(1)  describe the subdivision by metes and bounds;
(2)  locate the subdivision with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part; and
(3)  state the dimensions of the subdivision and of each street, alley, square, park, or other part of the tract intended by the owner of the tract to be dedicated to public use.
(c)  The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the plat in the manner required for the acknowledgment of deeds.
(d)  The plat must be filed and recorded with the county clerk of the county in which the tract is located.
(e)  The plat is subject to the filing and recording provisions of Section 12.002, Property Code.
(f)  A plat is considered filed on the date the applicant submits the plat, along with a completed plat application and the application fees and other requirements prescribed by or under this subchapter, to:
(1)  the governing body of the municipality; or
(2)  the municipal authority responsible for approving plats.
(g)  The governing body of a municipality or the municipal authority responsible for approving plats may not require an analysis, study, document, agreement, or similar requirement to be included in or as part of an application for a plat, development permit, or subdivision of land that is not explicitly allowed by state law.
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 1989, 71st Leg., ch. 624, Sec. 3.02, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 1046, Sec. 1, eff. Aug. 30, 1993.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1125 (H.B. 3699), Sec. 4, eff. September 1, 2023.
2023 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 212.0045. Exception to Plat Requirement: Municipal Determination

Sec. 212.0045.  EXCEPTION TO PLAT REQUIREMENT:  MUNICIPAL DETERMINATION.  (a)  To determine whether specific divisions of land are required to be platted, a municipality may define and classify the divisions.  A municipality need not require platting for every division of land otherwise within the scope of this subchapter.
(b)  In lieu of a plat contemplated by this subchapter, a municipality may require the filing of a development plat under Subchapter B if that subchapter applies to the municipality.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989.
2023 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 212.0046. Exception to Plat Requirement: Certain Property Abutting Aircraft Runway

Sec. 212.0046.  EXCEPTION TO PLAT REQUIREMENT:  CERTAIN PROPERTY ABUTTING AIRCRAFT RUNWAY.  An owner of a tract of land is not required to prepare a plat if the land:
(1)  is located wholly within a municipality with a population of 5,000 or less;
(2)  is divided into parts larger than 2-1/2 acres; and
(3)  abuts any part of an aircraft runway.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989.
2023 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. (a) 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 the requirements of this subchapter.
(b)  This subchapter may not be construed to convey any authority to a municipality regarding the completeness of an application or the approval of a plat or replat that is not explicitly granted by this subchapter.
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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1125 (H.B. 3699), Sec. 5, eff. September 1, 2023.
2023 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.
2023 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 or the municipal planning commission 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, approve with conditions, or disapprove a plat.
(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)  An applicant has the right to appeal to the governing body of the municipality or the municipal planning commission if the designated person disapproves a plat.
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.
Acts 2023, 88th Leg., R.S., Ch. 1125 (H.B. 3699), Sec. 6, eff. September 1, 2023.
2023 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.
2023 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.
2023 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 212.0081. Required Application Materials

Sec. 212.0081.  REQUIRED APPLICATION MATERIALS.  (a) Each municipality to which this subchapter applies shall adopt and make available to the public a complete, written list of all documentation and other information that the municipality requires to be submitted with a plat application. The required documentation and other information must be related to a requirement authorized under this subchapter.
(b)  An application submitted to the municipal authority responsible for approving plats that contains all documents and other information on the list provided under Subsection (a) is considered complete.
(c)  A municipality that operates an Internet website shall publish and continuously maintain the list described by Subsection (a) on the Internet website not later than the 30th day after the date the municipality adopts or amends the list.
(d)  A municipality that does not operate an Internet website shall publish the list described by Subsection (a) on adoption of the list or an amendment to the list in:
(1)  a newspaper of general circulation in the municipality; and
(2)  a public place in the location in which the governing body of the municipality meets.
Added by Acts 2023, 88th Leg., R.S., Ch. 1125 (H.B. 3699), Sec. 7, eff. September 1, 2023.
2023 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.
2023 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 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1125 (H.B. 3699), Sec. 9, eff. September 1, 2023.
2023 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 plat under Section 212.0091, the applicant may submit to the municipal authority or governing body that conditionally approved or disapproved the 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1125 (H.B. 3699), Sec. 10, eff. September 1, 2023.
2023 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 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 plat following the submission of a response under Section 212.0093:
(1)  must comply with Section 212.0091; and
(2)  may disapprove the 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 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 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 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1125 (H.B. 3699), Sec. 10, eff. September 1, 2023.
2023 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 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 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1125 (H.B. 3699), Sec. 10, eff. September 1, 2023.
2023 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.
2023 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 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1125 (H.B. 3699), Sec. 11, eff. September 1, 2023.
2023 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.
(c)  The municipal authority responsible for approving plats may not require the dedication of land within a subdivision for a future street or alley that is:
(1)  not intended by the owner of the tract; and
(2)  not included, funded, and approved in:
(A)  a capital improvement plan adopted by the municipality; or
(B)  a similar plan adopted by a county in which the municipality is located or the state.
(d)  A municipal authority responsible for approving plats may not refuse to review a plat or to approve a plat for recordation for failure to identify a corridor, as defined by Section 201.619, Transportation Code, unless the corridor is part of an agreement between the Texas Department of Transportation and a county in which the municipality is located under that section.
(e)  If a municipal authority responsible for approving plats fails or refuses to approve a plat that meets the requirements of this subchapter, the owner of the tract that is the subject of the plat may bring an action in a district court in a county in which the tract is located for a writ of mandamus to compel the municipal authority to approve the plat by issuing to the owner applicable approval documentation.  The applicant shall recover reasonable attorney's fees and court costs in the action if the applicant prevails.  The municipality may recover reasonable attorney's fees and court costs in the action if the municipality prevails and the court finds the action is frivolous.
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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1125 (H.B. 3699), Sec. 12, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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 212.013. Vacating Plat

Sec. 212.013.  VACATING PLAT.  (a)  The proprietors of the tract covered by a plat may vacate the plat at any time before any lot in the plat is sold.  The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat.
(b)  If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat.
(c)  The county clerk shall write legibly on the vacated plat the word "Vacated" and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded.
(d)  On the execution and recording of the vacating instrument, the vacated plat has no effect.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 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 212.014. Replatting Without Vacating Preceding Plat

Sec. 212.014.  REPLATTING WITHOUT VACATING PRECEDING PLAT.  A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat:
(1)  is signed and acknowledged by only the owners of the property being replatted;
(2)  is approved by the municipal authority responsible for approving plats; and
(3)  does not attempt to amend or remove any covenants or restrictions.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 6, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1242 (H.B. 3314), Sec. 1, eff. September 1, 2019.
2023 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 212.0145. Replatting Without Vacating Preceding Plat: Certain Subdivisions

Sec. 212.0145.  REPLATTING WITHOUT VACATING PRECEDING PLAT:  CERTAIN SUBDIVISIONS.  (a)  A replat of a part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat:
(1)  is signed and acknowledged by only the owners of the property being replatted;  and
(2)  involves only property:
(A)  of less than one acre that fronts an existing street;  and
(B)  that is owned and used by a nonprofit corporation established to assist children in at-risk situations through volunteer and individualized attention.
(b)  An existing covenant or restriction for property that is replatted under this section does not have to be amended or removed if:
(1)  the covenant or restriction was recorded more than 50 years before the date of the replat;  and
(2)  the replatted property has been continuously used by the nonprofit corporation for at least 10 years before the date of the replat.
(c)  Sections 212.014 and 212.015 do not apply to a replat under this section.
Added by Acts 1999, 76th Leg., ch. 1130, Sec. 1, eff. June 18, 1999.