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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 76(R)

HOUSE BILL 1704

HOUSE AUTHOR: Kuempel et al.

EFFECTIVE: 5-11-99

SENATE SPONSOR: Shapiro

            House Bill 1704 adds a chapter to the Local Government Code regarding uniformity of requirements for permits issued by local regulatory agencies. The act establishes that a permit or series of permits for a project is subject only to the orders, regulations, ordinances, rules, expiration dates, and other requirements that are in effect at the time the original permit application is filed. House Bill 1704 prohibits a regulatory agency from shortening the duration of any permit after the filing of the original permit application, but provides that a permit holder may take advantage of certain records or regulatory changes to enhance or benefit the holder's project without giving up any rights established by the chapter.

            In addition, the act authorizes a regulatory agency to enact an ordinance, rule, or regulation that places an expiration date on a permit if, as of the first anniversary of the effective date of the act, the permit does not have an expiration date and no progress, as defined by the act, has been made toward completion of the project. The regulatory agency may enact such a measure after the first anniversary of the effective date of the act, and must place an expiration date that is not earlier than the fifth anniversary of the effective date.

            Finally, House Bill 1704 establishes legislative intent, exempts certain types of permits from the requirements of the chapter, establishes that the chapter applies only to projects either in progress on or begun after September 1, 1997, and limits enforcement of the chapter to certain legal procedures.