S.B. No. 1029
AN ACT
1-1 relating to the review and approval of certain permits by the
1-2 state, a municipality, and other local governmental entities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivision (3), Section 481.142, Government
1-5 Code, is amended to read as follows:
1-6 (3) "Project" means an endeavor over which a
1-7 regulatory agency exerts its jurisdiction and for which a permit is
1-8 required before initiation of the endeavor. Preliminary plans and
1-9 related subdivision plats, site plans and site development permits
1-10 connected to such preliminary plan or subdivision plats are
1-11 considered collectively to be one project, provided that each site
1-12 plan is submitted to the regulatory agency within three years after
1-13 the final plat of the subdivision for such site plan is approved or
1-14 the effective date of this Act, whichever is later. All contiguous
1-15 property that is under common or affiliated ownership 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. Subdivision (4), Section 481.142, Government
1-19 Code, is amended to read as follows:
1-20 (4) "Regulatory agency" means an agency, bureau,
1-21 department, division, or commission of the state or any department
1-22 or other agency or governing body of a political subdivision in its
1-23 capacity of processing, approving, or issuing permits <that
2-1 processes and issues permits>.
2-2 SECTION 3. Section 481.142, Government Code, is amended by
2-3 adding Subdivision (5) to read as follows:
2-4 (5) "Contiguous" means physically adjacent, but
2-5 disregarding easements, rights-of-way, roads, stream beds, and
2-6 public or quasi-public land.
2-7 SECTION 4. Section 481.143, Government Code, is amended to
2-8 read as follows:
2-9 Sec. 481.143. Uniformity of Requirements. (a) The
2-10 approval, disapproval, or conditional approval of an application
2-11 for a permit shall be considered by each regulatory agency solely
2-12 on the basis of any orders, regulations, ordinances, rules, or
2-13 other duly adopted requirements in effect at the time the original
2-14 application for the permit is filed. If a series of permits is
2-15 required for a project and if the project is initiated within two
2-16 years after the last required permit is approved, the orders,
2-17 regulations, ordinances, rules, or other requirements in effect at
2-18 the time the original application for the first permit in that
2-19 series is filed shall be the sole basis for consideration,
2-20 approval, disapproval, or conditional approval of all subsequent
2-21 permits required for the completion of the project, and all permits
2-22 required for the project shall be considered to be a single series
2-23 of permits. The project will be considered to have been initiated
2-24 if plans are prepared and the ground is broken for the first phase
2-25 of the project. The project and subsequent phases must be in a
3-1 continuous process of completion and be completed as soon as
3-2 reasonably possible consistent with generally accepted local
3-3 standards and practices, provided that the project shall be
3-4 considered to be in a continuous process of completion during any
3-5 period in which completion or initiation is interrupted for any
3-6 reason or circumstance beyond the control of the persons to whom
3-7 the permit has been issued as a result of an action taken by a
3-8 regulatory agency or other governmental entity or agency thereof.
3-9 (b) This subchapter applies to all projects in progress on
3-10 or commenced after the effective date of this section as originally
3-11 enacted, and the duly adopted requirements in effect at the time
3-12 the original application for the first permit for the project was
3-13 filed control.
3-14 (c) This section does not apply to:
3-15 (1) permits or licenses issued in connection with any
3-16 form of gaming or gambling;
3-17 (2) permits or licenses issued under Title 2, Tax
3-18 Code; <or>
3-19 (3) permits, orders, or regulations issued by local
3-20 regulatory agencies to comply with federally mandated programs,
3-21 statutes, regulations, or permits;
3-22 (4) permits or orders issued under programs for which
3-23 a state regulatory agency has received authorization, delegation,
3-24 or approval from the federal government to implement an equivalent
3-25 state program in lieu of or as part of the federal program; or
4-1 (5) permits for the construction of buildings or
4-2 structures intended for human occupancy or habitation that are
4-3 issued pursuant to laws, ordinances, procedures, rules, and
4-4 regulations adopting solely the provisions of uniform building,
4-5 fire, electrical, plumbing, or mechanical codes promulgated by the
4-6 Southern Building Code Congress, International Conference of
4-7 Building Officials, the International Fire Code Institute, or the
4-8 International Association of Plumbing and Mechanical Officials or
4-9 local amendments to building, fire, electrical, plumbing, or
4-10 mechanical codes enacted to address imminent threats to health and
4-11 safety.
4-12 SECTION 5. Subchapter I, Chapter 481, Government Code, is
4-13 amended by adding Section 481.144 to read as follows:
4-14 Sec. 481.144. APPLICABILITY TO CERTAIN HOME-RULE
4-15 MUNICIPALITIES. (a) In addition to all other provisions of this
4-16 subchapter, this section shall apply to home-rule municipalities
4-17 which had limited purpose annexation authority on January 1, 1993,
4-18 which issued permits in a limited purpose annexed area, and which
4-19 had previously disannexed limited purpose annexed territory.
4-20 (b) A home-rule municipality described in Subsection (a) may
4-21 enact by ordinance time limits in which all or part of a
4-22 preliminary subdivision plan must apply for final plat approval in
4-23 order to remain subject to the orders, regulations, ordinances,
4-24 rules, or other duly adopted requirements in effect at the time
4-25 the preliminary plan was filed. For projects of 100 acres or less,
5-1 the time limit for filing for final plat approval may not be less
5-2 than two years from the date of approval of the preliminary plan or
5-3 the date of the implementing ordinance, whichever is later. For
5-4 projects over 100 acres, the time limit to apply for final plat
5-5 approval may not be less than five years from the date of the
5-6 approval of the preliminary plan or the date of the implementing
5-7 ordinance, whichever is later, unless the project qualifies as a
5-8 master planned development, in which case the time limit may not be
5-9 less than 10 years from the applicable date.
5-10 (c) For purposes of this section, a master planned
5-11 development is a project that includes 1,500 or more contiguous
5-12 acres under common or affiliated ownership for which one or more
5-13 preliminary subdivision plans subject to a common development plan
5-14 are filed or for which a long-range, mixed use land use plan is
5-15 submitted and approved. To remain subject to the orders,
5-16 regulations, ordinances, rules, or other duly adopted requirements
5-17 in effect at the time the preliminary plan was filed, a master
5-18 planned development must agree, by plat note or plat amendment,
5-19 that the remainder of the project for which final plat applications
5-20 have not been filed will meet the water quality standard in place
5-21 under a municipal water quality ordinance applicable to that
5-22 geographic area 10 years after the preliminary plan was approved or
5-23 the date of the implementing ordinance, whichever is later, and
5-24 thereafter in five-year increments until final plat applications
5-25 for the entire project have been filed.
6-1 (d) The owner of land within a master planned development
6-2 may appeal the application of the water quality standard under a
6-3 municipal water quality ordinance to a court of competent
6-4 jurisdiction or the Texas Water Commission or its successor
6-5 pursuant to the Water Code or applicable law if such owner contends
6-6 that application of the water quality standard is invalid,
6-7 arbitrary, unreasonable, inefficient, or ineffective in its attempt
6-8 to control water quality.
6-9 (e) Subject to the provisions of this subchapter, all
6-10 existing and previously enacted ordinances and regulations of a
6-11 home-rule municipality described in Subsection (a) establishing
6-12 expiration dates for preliminary subdivision plans and site plans
6-13 are hereby validated and ratified, to the extent such expiration
6-14 dates are not inconsistent with time periods set out in this
6-15 subchapter.
6-16 (f) For a master planned development which was in continuous
6-17 process before the effective date of this Act to qualify as a
6-18 project, the applicant must file a designation of the project as a
6-19 master planned development with the municipality within 90 days
6-20 after the passage of this Act. The designation shall be sufficient
6-21 if it includes a written notice delivered to the mayor or the city
6-22 manager of the municipality containing the following
6-23 information: (1) an intent to designate the project as a master
6-24 planned development; (2) a legal description of the project and a
6-25 general description of the master planned development; and (3) the
7-1 date on which the original application for the first permit for the
7-2 project was filed. In order for a master planned development for
7-3 which the original application for the first permit is filed after
7-4 the effective date of this Act to qualify as a project, the
7-5 applicant must file a designation of the project as a master
7-6 planned development with the municipality at the time of the
7-7 initial filing.
7-8 (g) If a proposed change in municipal ordinances affecting
7-9 approval, disapproval, or conditional approval of a land
7-10 development permit is posted as an agenda item for a meeting of the
7-11 governing body or is the subject of an initiative duly certified as
7-12 a ballot item, a project which is not otherwise covered by this
7-13 subchapter shall become subject to the changes as of the date of
7-14 posting or the date of certification of the ballot item, provided
7-15 that (1) the proposed ordinance is adopted and becomes effective
7-16 within 30 days of the posting date in the case of a posting on the
7-17 governing body agenda or within 90 days of the date of
7-18 certification for a ballot item or the next uniform election date
7-19 and canvass of the election, whichever is earlier; and (2) the
7-20 permit application has not otherwise been granted within the 30-day
7-21 or 90-day period.
7-22 (h) To the extent not inconsistent with this subchapter, all
7-23 municipal ordinances regulating permits for preliminary plans,
7-24 final plats, and site plans are hereby validated whether adopted by
7-25 initiative, referendum, or legislative action. All such ordinances
8-1 and the procedures under which they were adopted are validated in
8-2 all respects and are deemed to be in compliance with any and all
8-3 applicable state laws including specifically the Election Code, the
8-4 Water Code, and the common law governing municipal elections and
8-5 ballot initiatives.
8-6 SECTION 6. Nothing in Subchapter I, Chapter 481, Government
8-7 Code, shall be construed to: (1) limit or otherwise affect the
8-8 authority of a state agency with respect to the enforcement of
8-9 rules or implementation of programs or plans which are funded or
8-10 mandated by the federal government under the federal Coastal Zone
8-11 Management Act of 1972 (16 U.S.C. Section 1451 et seq.) and its
8-12 subsequent amendments; (2) limit or otherwise affect the authority
8-13 of a state or local regulatory agency to implement or enforce
8-14 statutory standards or state agency rules applicable to the coastal
8-15 zone; or (3) apply to permits, orders, rules, regulations, or other
8-16 actions issued or undertaken by a state regulatory agency in
8-17 connection with federal funding or federal programs relating to the
8-18 coastal zone.
8-19 SECTION 7. The importance of this legislation and the
8-20 crowded condition of the calendars in both houses create an
8-21 emergency and an imperative public necessity that the
8-22 constitutional rule requiring bills to be read on three several
8-23 days in each house be suspended, and this rule is hereby suspended,
8-24 and that this Act take effect and be in force from and after its
8-25 passage, and it is so enacted.