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