By Turner of Coleman H.B. No. 2481
Substitute the following for H.B. No. 2481:
By Turner of Coleman C.S.H.B. No. 2481
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of a property owner to the uniformity of
1-3 requirements when a permit is sought from by a regulatory agency.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 481.142(2), (3), and (4), Government
1-6 Code, are amended to read as follows:
1-7 (2) "Permit" means a license, certificate, approval,
1-8 registration, consent, permit, zoning approval, plat approval, plan
1-9 approval, or other form of authorization required by law, rule,
1-10 regulation, or ordinance that must be obtained by a person in order
1-11 to perform an action or initiate a project for which the permit is
1-12 sought.
1-13 (3) "Project" means an endeavor over which a
1-14 regulatory agency exerts its jurisdiction and for which a permit is
1-15 required to initiate or continue <before initiation of> the
1-16 endeavor.
1-17 (4) "Regulatory agency" means an agency, bureau,
1-18 department, division, or commission of the state or the governing
1-19 body or any board, commission, department, or other agency of a
1-20 political subdivision that processes, <and> issues, or approves
1-21 permits.
1-22 SECTION 2. Subchapter I, Chapter 481, Government Code, is
1-23 amended by adding Section 481.1425 to read as follows:
2-1 Sec. 481.1425. LAND DEVELOPMENT PROJECT. If a project is
2-2 for land development, the land development as a whole is considered
2-3 to be a single project. For the purposes of this subchapter, a
2-4 regulatory agency may not treat the discrete steps in the land
2-5 development process, such as the approval of a subdivision plat or
2-6 site plan, as separate projects.
2-7 SECTION 3. Section 481.143, Government Code, is amended by
2-8 amending Subsection (a) and adding Subsection (c) to read as
2-9 follows:
2-10 (a) The approval, disapproval, or conditional approval of an
2-11 application for a permit shall be considered by each regulatory
2-12 agency solely on the basis of any orders, regulations, ordinances,
2-13 or other duly adopted requirements in effect at the time the
2-14 original application for the permit is filed or, if an application
2-15 was not originally required for a project, at the time the project
2-16 construction begins. If a series of permits is required for a
2-17 project, the orders, regulations, ordinances, or other requirements
2-18 in effect at the time the original application for the first permit
2-19 in that series is filed shall be the sole basis for consideration
2-20 of all subsequent permits required for the completion of the
2-21 project.
2-22 (c) Notwithstanding Subsection (a), a person holding a
2-23 permit for a project may take advantage of a procedural change to a
2-24 law, rule, regulation, or ordinance of a regulatory agency that
2-25 enhances or protects the project, including a change that lengthens
3-1 the effective life of the permit after the date the application for
3-2 the permit is made. A permit holder who acts under this subsection
3-3 does not forfeit any rights acquired under Subsection (a).
3-4 SECTION 4. The changes in law made by this Act apply only to
3-5 a project or other action for which the original application for a
3-6 permit is filed, or for which construction begins:
3-7 (1) before the effective date of this Act if the
3-8 project or action is continuing on that date; or
3-9 (2) on or after the effective date of this Act.
3-10 SECTION 5. This Act takes effect September 1, 1995.
3-11 SECTION 6. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.