By Turner of Coleman H.B. No. 2481
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of a property owner to 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. Section 481.142, Government Code, is amended to
1-6 read as follows: In this subchapter:
1-7 Sec. 481.142. Definitions. (1) "Political subdivision"
1-8 means a political subdivision of the state, including a county, a
1-9 school district, or a municipality.
1-10 (2) "Permit" means a license, certificate, approval,
1-11 registration, consent, permit, zoning approval, plat approval, plan
1-12 approval, or other form of authorization required by law, rule,
1-13 regulation, or ordinance that must be obtained by a person in order
1-14 to perform an action or initiate a project for which the permit is
1-15 sought.
1-16 (3) "Project" means an endeavor over which a regulatory
1-17 agency exerts its jurisdiction and for which a permit is required
1-18 to initiate or continue <before initiation of> the endeavor. With
1-19 respect to a land development project, the project shall be
1-20 construed to mean the development as a whole and discreet steps in
1-21 the land development process such as subdivision plat approval or
1-22 site plan approval shall not be treated as separate projects by the
1-23 regulatory agency for the purposes of this subchapter.
2-1 (4) "Regulatory agency" means an agency, bureau, department,
2-2 division, or commission of the state or any governing body, board,
2-3 commission, department or other agency of a political subdivision
2-4 that processes <and>, issues or approves permits.
2-5 SECTION 2. Section 481.143, Government Code, is amended to
2-6 read as follows:
2-7 Sec. 481.143. UNIFORMITY OF REQUIREMENTS. (a) The
2-8 approval, disapproval, or conditional approval of an application
2-9 for a permit shall be considered by each regulatory agency solely
2-10 on the basis of any orders, regulations, ordinances, or other duly
2-11 adopted requirements in effect at the time the original application
2-12 for the permit is filed or, if no application was originally
2-13 required, at the time project construction began. If a series of
2-14 permits is required for a project, the orders, regulations,
2-15 ordinances, or other requirements in effect at the time the
2-16 original application for the first permit in that series is filed
2-17 shall be the sole basis for consideration of all subsequent permits
2-18 required for the completion of the project.
2-19 (b) This section does not apply to:
2-20 (1) permits or licenses issues in connection with any
2-21 form of gaming or gambling;
2-22 (2) permits or licenses issued under Title 2, Tax
2-23 Code; or
2-24 (3) permits or orders issued under programs for which
2-25 a state regulatory agency has received authorization, delegation,
3-1 or approval from the federal government to implement an equivalent
3-2 state program in lieu of or as part of the federal program.
3-3 (c) Notwithstanding anything else in this section to the
3-4 contrary, a permit holder shall have the right to take advantage of
3-5 procedural changes to the laws, rules, regulations or ordinances of
3-6 a regulatory agency which enhance or protect the project, including
3-7 without limitation changes which lengthen the effective life of the
3-8 permit after the date on which application for the permit was made,
3-9 without otherwise forfeiting any rights under this section.
3-10 SECTION 3. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended,
3-15 and that this Act take effect and be in force according to its
3-16 terms and it is so enacted.