(a) A landowner may appeal a determination made by a municipal department, board, or commission regarding any element of a parkland dedication requirement, including amount, orientation, or suitability, as that element applies to the landowner's property, to the municipal planning commission or, if the municipality has no planning commission, the governing body of the municipality. The appeal must include a requested adjudication of the issue in controversy. (b) A landowner may appeal a municipal planning commission's determination under Subsection (a) to the governing body of the municipality. (c) In an appeal under this section, a municipal planning commission or governing body of a municipality may uphold, reverse, or modify a parkland dedication requirement as applied to the landowner making the appeal. (d) A municipal planning commission or governing body of a municipality shall uphold, reverse, or modify a parkland dedication requirement that is the subject of an appeal not later than the 60th day after the date the appeal is filed with the commission or governing body. If the commission or governing body fails to act in accordance with this subsection, the parkland dedication requirement is considered resolved in favor of the landowner's requested adjudication. Tex. Loc. Gov't. Code § 212.213
Added by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 493,Sec. 1, eff. 6/10/2023, app. only to a plan application filed on or after January 1, 2024.