73R8633 E
          By Campbell, et al.                                   H.B. No. 2135
          Substitute the following for H.B. No. 2135:
          By Corte                                          C.S.H.B. No. 2135
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the review and approval of certain permits by the
    1-3  state, a municipality, and other local governmental entities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 481.142(a)(3), Government Code, is
    1-6  amended to read as follows:
    1-7              (3)  "Project" means an endeavor over which a
    1-8  regulatory agency exerts its jurisdiction and for which a permit is
    1-9  required before initiation of the endeavor.  Preliminary plans and
   1-10  related subdivision plats, site plans, and site development permits
   1-11  connected to such preliminary plan or subdivision plats are
   1-12  considered collectively to be one project provided that each site
   1-13  plan is submitted to the regulatory agency within three years after
   1-14  the final plat of the subdivision for such site plan is approved.
   1-15  All property that is under common ownership or control and that is
   1-16  subject to one or more applications for subdivision shall be
   1-17  considered to be one project.
   1-18        SECTION 2.  Section 481.142(a)(4), Government Code, is
   1-19  amended to read as follows:
   1-20              (4)  "Regulatory agency" means a political subdivision
   1-21  and the governing bodies or any boards or commission thereof, an
   1-22  agency, bureau, department, division, or commission of the state or
   1-23  any department or other agency of a political subdivision that
    2-1  processes and issues permits.
    2-2        SECTION 3.  Section 481.143, Government Code, is amended to
    2-3  read as follows:
    2-4        Sec. 481.143.  Uniformity of Requirements.  (a)  The
    2-5  approval, disapproval, or conditional approval of an application
    2-6  for a permit shall be considered by each regulatory agency solely
    2-7  on the basis of any orders, regulations, ordinances, or other duly
    2-8  adopted requirements in effect at the time the original application
    2-9  for the permit is filed.  If a series of permits is required for a
   2-10  project, and if the project is initiated within two years after the
   2-11  last required permit is approved, the orders, regulations,
   2-12  ordinances, or other requirements in effect at the time the
   2-13  original application for the first permit in that series is filed
   2-14  shall be the sole basis for consideration of all subsequent permits
   2-15  required for the completion of the project, and all permits
   2-16  required for the project shall be considered to be a single series
   2-17  of permits.  The project will be considered to have been initiated
   2-18  if plans are prepared and the ground is broken for the first phase
   2-19  of the project.  The project and subsequent phases must be in a
   2-20  continuous process of completion and completed as soon as
   2-21  reasonably possible, consistent with generally accepted local
   2-22  standards and practices, provided that the project shall be
   2-23  considered to be in a continuous process of completion during any
   2-24  period in which completion or initiation is interrupted for any
   2-25  reason or circumstance beyond the control of the persons to whom
    3-1  the permit has been issued as a result of an action taken by a
    3-2  regulatory agency or other governmental entity or agency thereof.
    3-3        (b)  This subchapter shall apply to all projects in progress
    3-4  on or commenced after the effective date of Section 481.143 of the
    3-5  Government Code as originally enacted, and the duly adopted
    3-6  requirements in effect at the time the original application for the
    3-7  first permit for the project was filed shall control.
    3-8        (c)  This section does not apply to:
    3-9              (1)  permits or licenses issued in connection with any
   3-10  form of gaming or gambling;
   3-11              (2)  permits or licenses issued under Title 2, Tax
   3-12  Code; <or>
   3-13              (3)  permits or orders issued under programs for which
   3-14  a state regulatory agency has received authorization, delegation,
   3-15  or approval from the federal government to implement an equivalent
   3-16  state program in lieu of or as part of the federal program;
   3-17              (4)  permits, orders, or regulations issued by local
   3-18  regulatory agencies to comply with federally mandated programs,
   3-19  statutes, regulations, or permits;
   3-20              (5)  permits for the construction of buildings or
   3-21  structures intended for human occupancy or habitation that are
   3-22  issued pursuant to laws, ordinances, procedures, rules, and
   3-23  regulations adopting solely the provisions of uniform building,
   3-24  fire, electrical, plumbing, or mechanical codes promulgated by the
   3-25  Southern Building Code Congress International, Inc., International
    4-1  Conference of Building Officials, the International Fire Code
    4-2  Institute, or the International Association of Plumbing and
    4-3  Mechanical Officials; or
    4-4              (6)  permits, orders, or regulations issued by local
    4-5  regulatory agencies to comply with federal programs, statutes,
    4-6  regulations, or permits.
    4-7        SECTION 4.  The importance of this legislation and the
    4-8  crowded condition of the calendars in both houses create an
    4-9  emergency and an imperative public necessity that the
   4-10  constitutional rule requiring bills to be read on three several
   4-11  days in each house be suspended, and this rule is hereby suspended,
   4-12  and that this Act take effect and be in force from and after its
   4-13  passage, and it is so enacted.