Sec. 212.009. APPROVAL PROCEDURE: INITIAL APPROVAL. (a) The municipal authority responsible for approving plats shall approve, approve with conditions, or disapprove a plan or plat within 30 days after the date the plan or plat is filed. A plan or plat is approved by the municipal authority unless it is disapproved within that period and in accordance with Section 212.0091.
(b) If an ordinance requires that a plan or plat be approved by the governing body of the municipality in addition to the planning commission, the governing body shall approve, approve with conditions, or disapprove the plan or plat within 30 days after the date the plan or plat is approved by the planning commission or is approved by the inaction of the commission. A plan or plat is approved by the governing body unless it is disapproved within that period and in accordance with Section 212.0091.
(b-1) Notwithstanding Subsection (a) or (b), if a groundwater availability certification is required under Section 212.0101, the 30-day period described by those subsections begins on the date the applicant submits the groundwater availability certification to the municipal authority responsible for approving plats or the governing body of the municipality, as applicable.
(b-2) Notwithstanding Subsection (a) or (b), the parties may extend the 30-day period described by those subsections for a period not to exceed 30 days if:
(1) the applicant requests the extension in writing to the municipal authority responsible for approving plats or the governing body of the municipality, as applicable; and
(2) the municipal authority or governing body, as applicable, approves the extension request.
(c) If a plan or plat is approved, the municipal authority giving the approval shall endorse the plan or plat with a certificate indicating the approval. The certificate must be signed by:
(1) the authority's presiding officer and attested by the authority's secretary; or
(2) a majority of the members of the authority.
(d) If the municipal authority responsible for approving plats fails to approve, approve with conditions, or disapprove a plan or plat within the prescribed period, the authority on the applicant's request shall issue a certificate stating the date the plan or plat was filed and that the authority failed to act on the plan or plat within the period. The certificate is effective in place of the endorsement required by Subsection (c).
(e) The municipal authority responsible for approving plats shall maintain a record of each application made to the authority and the authority's action taken on it. On request of an owner of an affected tract, the authority shall certify the reasons for the action taken on an application.
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. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 4, eff. September 1, 2019.
Structure Texas Statutes
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
Section 212.004. Plat Required
Section 212.0045. Exception to Plat Requirement: Municipal Determination
Section 212.0046. Exception to Plat Requirement: Certain Property Abutting Aircraft Runway
Section 212.005. Approval by Municipality Required
Section 212.006. Authority Responsible for Approval Generally
Section 212.0065. Delegation of Approval Responsibility
Section 212.008. Application for Approval
Section 212.0085. Approval Procedure: Applicability
Section 212.009. Approval Procedure: Initial Approval
Section 212.0091. Approval Procedure: Conditional Approval or Disapproval Requirements
Section 212.0093. Approval Procedure: Applicant Response to Conditional Approval or Disapproval
Section 212.0095. Approval Procedure: Approval or Disapproval of Response
Section 212.0096. Approval Procedure: Alternative Approval Process
Section 212.0097. Approval Procedure: Waiver Prohibited
Section 212.0099. Judicial Review of Disapproval
Section 212.010. Standards for Approval
Section 212.0101. Additional Requirements: Use of Groundwater
Section 212.0105. Water and Sewer Requirements in Certain Counties
Section 212.0106. Bond Requirements and Other Financial Guarantees in Certain Counties
Section 212.011. Effect of Approval on Dedication
Section 212.0115. Certification Regarding Compliance With Plat Requirements
Section 212.012. Connection of Utilities
Section 212.013. Vacating Plat
Section 212.014. Replatting Without Vacating Preceding Plat
Section 212.0145. Replatting Without Vacating Preceding Plat: Certain Subdivisions
Section 212.0146. Replatting Without Vacating Preceding Plat: Certain Municipalities
Section 212.015. Additional Requirements for Certain Replats
Section 212.0155. Additional Requirements for Certain Replats Affecting a Subdivision Golf Course
Section 212.016. Amending Plat
Section 212.017. Conflict of Interest; Penalty