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.