By: Armbrister S.B. No. 1029
A BILL TO BE ENTITLED
AN ACT
1-1 relating to subdivisions and the review and approval of certain
1-2 permits by the state, a municipality, and other local governmental
1-3 entities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a)(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 five 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 which is
1-16 subject to one or more applications for subdivision shall be
1-17 considered to be one project.
1-18 SECTION 2. Subsection (a)(4), Section 481.142, Government
1-19 Code, is amended to read as follows:
1-20 (4) "Regulatory agency" means a political subdivision
1-21 and the governing bodies or any boards or commissions 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 (2) years after
2-11 the last required permit is approved, the orders, regulations,
2-12 ordinances, or other requirements in effect at the time of 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 required
2-16 for the project shall be considered to be a single series of
2-17 permits. The project will be considered to have initiated if plans
2-18 are prepared and the ground is broken for the first phase of the
2-19 project. The project and subsequent phases must be in a continuous
2-20 process of completion and completed as soon as reasonably possible,
2-21 consistent with generally accepted local standards and practices,
2-22 provided that the project shall be considered to be in a continuous
2-23 process of completion during any period in which completion or
2-24 initiation is interrupted for any reason or circumstance beyond the
2-25 control of the persons to whom the permit has been issued as a
3-1 result of an action taken by a regulatory agency or other
3-2 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 <(b)>(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)<(3)> permits for the construction of buildings or
3-18 structures intended for human occupancy or habitation that are
3-19 issued pursuant to laws, ordinances, procedures, rules and
3-20 regulations adopting solely the provisions of uniform building,
3-21 fire, electrical, plumbing or mechanical codes promulgated by the
3-22 International Conference of Building Officials, the International
3-23 Fire Code Institute, or the International Association of Plumbing
3-24 and Mechanical Officials.
3-25 SECTION 4. EMERGENCY CLAUSE. The importance of this
4-1 legislation and the crowded condition of the calendars in both
4-2 houses create an emergency and an imperative public necessity that
4-3 the constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended
4-5 and that this Act take effect and be in force from and after its
4-6 passage and it is so enacted.