Tex.
Local Gov't Code Section 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 (Bond Requirements and Other Financial Guarantees in Certain Counties), if applicable, is filed with the municipality; and(4)
it conforms to any rules adopted under Section 212.002 (Rules).(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 (Water and Sewer Requirements in Certain Counties), 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 (Cooperative Planning with Counties), 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.
Source:
Section 212.010 — Standards for Approval, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.212.htm#212.010 (accessed Jun. 5, 2024).
