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.