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