BILL ANALYSIS


                                                        S.B. 1704
                                                      By: Shapiro
                                                Natural Resources
                                                          5-10-95
                                       Committee Report (Amended)
BACKGROUND

Currently, the review and approval of an application for a permit
by a regulatory agency shall be considered by each regulatory
agency on the basis of any orders, regulations, ordinances, or
requirements in effect at the time the original application for the
permit was filed. Current law also provides that if a series of
permits is required to complete a project, then the rules and
requirements in effect when the first permit is filed shall be the
basis for review and approval of all subsequent permits for the
project. In the case of real estate development, there has been
some confusion as to what constitutes a project and what
constitutes a series of permits under the current law.
Additionally, there is some question as to whether or not health
and safety regulations may be changed after a permit for a real
estate project has been filed.

PURPOSE

As proposed, S.B. 1704 provides for the review and approval of
certain permits by the state, a municipality, or other local
governmental agencies.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 481I, Government Code, as follows:

     Sec. 481.142. DEFINITIONS. Redefines "project" and "regulatory
     agency."
     
     Sec. 481.143. UNIFORMITY OF REQUIREMENTS. Requires the
     approval, disapproval, or conditional approval of an
     application for a permit to be considered by each regulatory
     agency solely on the basis of any orders, regulations,
     ordinances, rules, expiration dates, or other duly adopted
     requirements in effect at the time the application is filed.
     Requires all permits required for the project to be considered
     to be a single series of permits. Provides that preliminary
     plans and related subdivision plats, site plans, and all other
     development permits are considered collectively to be one
     series of permits. Prohibits a regulatory agency, once an
     application for a project has been filed, from shortening the
     duration of any permit required for the project. Makes
     conforming changes.
     
     (b) Requires this subchapter to apply to all projects in
       progress on or commenced after the effective date of this
       subchapter and requires the duly adopted requirements in
       effect at the time the original application for the first
       permit for the project was filed to control. Requires this
       subchapter to be enforceable solely through declaratory,
       mandamus, or injunctive relief.
       
       (c) Provides that this section does not apply to:
       
       (4) permits for the construction of certain buildings or
         structures intended for human occupancy or habitation,
         unless such permits are less than two years old;
         
         (5) municipal zoning regulations that do not affect lot
         size, lot dimensions, lot coverage, or building size;
         
         (6) regulations for the location of adult-oriented
         businesses;
         
         (7) regulations for colonias;
         
         (8) fees lawfully imposed in conjunction with development
         permits;
         
         (9) regulations for annexation;
         
         (10) regulations for utility connections;
         
         (11) regulations to prevent imminent destruction of
         property or injury to persons; or 
         
         (12) construction standards for public works located on
         public lands and easements.
         
         (d) Requires a permit holder to have the right to take
       advantage of procedural changes to the laws, rules,
       regulations or ordinances of a regulatory agency which
       enhance or protect the project, without otherwise forfeiting
       any rights under this section.
       
       (e) Provides that the provisions of this section relating to
       the expiration date or duration of a permit do not apply in
       the case of a permit issued by the Railroad Commission of
       Texas which did not have an expiration date or a specific
       duration when originally issued.
       
       SECTION 2.   Provides that nothing in this Act shall be construed to:

     (1) limit or otherwise affect the authority of a state agency
     with respect to the enforcement of rules or implementation of
     programs or plans which are funded or mandated by the federal
     government under the federal Coastal Zone Management Act of
     1972 (16 U.S.C. Section 1451 et seq.) and its subsequent
     amendments;
     
     (2) limit or otherwise affect the authority of a state or
     local regulatory agency to implement or enforce statutory
     standards or state agency rules applicable to the coastal
     zone; or
     
     (3) apply to certain actions issued or undertaken by a state
     regulatory agency in connection with federal funding or
     federal programs relating to the coastal zone.
     
     SECTION 3. Provides that nothing in this Act shall be construed to
diminish or impair the rights or remedies of any person or entity
under a final judgment rendered by, or in any pending litigation
brought in, any court concerning an interpretation of the
provisions of Chapter 481I, Government Code.

SECTION 4. Emergency clause.
           Effective date: upon passage.