By Kuempel                                            H.B. No. 2762
          Substitute the following for H.B. No. 2762:
          By Turner of Coleman                              C.S.H.B. No. 2762
                                 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, or other local governmental agencies.
    1-5        SECTION 1.  Subchapter I, Chapter 481, Government Code, is
    1-6  amended to read as follows:
    1-7        Sec. 481.141.  Legislative Finding and Intent.  (a) The
    1-8  legislature finds that current administrative practices often
    1-9  result in unnecessary governmental regulatory delays that inhibit
   1-10  the economic development of the state.
   1-11        (b)  The legislature desires to establish requirements
   1-12  relating to the processing and issuance of permits and approvals by
   1-13  governmental regulatory agencies in order to alleviate bureaucratic
   1-14  obstacles to economic development.
   1-15        Sec. 481.142.  Definitions.  In this subchapter:
   1-16              (1)  "Political subdivision" means a political
   1-17  subdivision of the state, including a county, a school district, or
   1-18  a municipality.
   1-19              (2)  "Permit" means a license, certificate, approval,
   1-20  registration, consent, permit, or other form of authorization
   1-21  required by law, rule, regulation, or ordinance that must be
   1-22  obtained by a person in order to perform an action or initiate a
   1-23  project for which the permit is sought.
    2-1              (3)  "Project" means an endeavor over which a
    2-2  regulatory agency exerts its jurisdiction and for which one or more
    2-3  permits are <a permit is> required to initiate or continue <before
    2-4  initiation of> the endeavor.
    2-5              (4)  "Regulatory agency" means an agency, bureau,
    2-6  department, division, or commission of the state or any department,
    2-7  <or other> agency, board, commission or governing body of a
    2-8  political subdivision in its capacity of processing, approving, or
    2-9  issuing <that processes and issues> permits.
   2-10        Sec. 481.143.  Uniformity of Requirements.  (a) The approval,
   2-11  disapproval, or conditional approval of an application for a permit
   2-12  shall be considered by each regulatory agency solely on the basis
   2-13  of any orders, regulations, ordinances, rules, expiration dates, 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,  the orders, regulations, ordinances,
   2-17  rules, expiration dates, or other duly adopted requirements in
   2-18  effect at the time the original application for the first permit in
   2-19  that series is filed shall be the sole basis for consideration of
   2-20  all subsequent permits required for the completion of the project,
   2-21  and all permits required for the project shall be considered to be
   2-22  a single series of permits.  Preliminary plans and related
   2-23  subdivision plats, site plans and all other development permits for
   2-24  land covered by such preliminary plans or subdivision plats are
   2-25  considered collectively to be one series of permits.  Once an
    3-1  application for a project has been filed, a regulatory agency shall
    3-2  not shorten the duration of any permit required for the project.
    3-3        (b)  This subchapter shall apply to all projects in progress
    3-4  on or commenced after the effective date of this subchapter of the
    3-5  Government Code as originally enacted by Acts 1987, 70th
    3-6  Legislature, Chapter 374, Section 1, and the duly adopted
    3-7  requirements in effect at the time the original application for the
    3-8  first permit for the project was filed shall control.  This
    3-9  subchapter shall be enforceable solely through declaratory,
   3-10  mandamus, or injunctive relief.
   3-11        (c) <(b)>  This section does not apply to:
   3-12              (1)  permits or licenses issued in connection with any
   3-13  form of gaming or gambling;
   3-14              (2)  permits or licenses issued under Title 2, Tax
   3-15  Code; <or>
   3-16              (3)  permits or orders issued under programs for which
   3-17  a state regulatory agency has received authorization, delegation,
   3-18  or approval from the federal government to implement an equivalent
   3-19  state program in lieu of or as part of the federal program;<.>
   3-20              (4)  permits for the construction of buildings or
   3-21  structures intended for human occupancy or habitation that are
   3-22  issued pursuant to laws, ordinances, procedures, rules or
   3-23  regulations adopting solely the provisions of uniform building,
   3-24  fire, electrical, plumbing or mechanical codes promulgated by a
   3-25  recognized national code organization, or local amendments to any
    4-1  such codes enacted solely to address imminent threats of
    4-2  destruction of property or injury to persons, unless such permits
    4-3  are less than two years old;
    4-4              (5)  municipal zoning regulations that do not affect
    4-5  lot size, lot dimensions, lot coverage, or building size;
    4-6              (6)  regulations for the location of adult-oriented
    4-7  businesses;
    4-8              (7)  regulations for colonias;
    4-9              (8)  fees lawfully imposed in conjunction with
   4-10  development permits;
   4-11              (9)  regulations for annexation;
   4-12              (10)  regulations for utility connections;
   4-13              (11)  regulations to prevent imminent destruction of
   4-14  property or injury to persons; or
   4-15              (12)  construction standards for public works located
   4-16  on public lands and easements.
   4-17        (d)  Notwithstanding any provision of this section to the
   4-18  contrary, a permit holder shall have the right to take advantage of
   4-19  procedural changes to the laws, rules, regulations or ordinances of
   4-20  a regulatory agency which enhance or protect the project including,
   4-21  without limitation, changes which lengthen the effective life of
   4-22  the permit after the date on which application for the permit was
   4-23  made, without otherwise forfeiting any rights under this section.
   4-24        SECTION 2.  Nothing in this Act shall be construed to:  (1)
   4-25  limit or otherwise affect the authority of a state agency with
    5-1  respect to the enforcement of rules or implementation of programs
    5-2  or plans which are funded or mandated by the federal government
    5-3  under the federal Coastal Zone Management Act of 1972 (16 U.S.C.
    5-4  Section 1451 et seq.) and its subsequent amendments; (2) limit or
    5-5  otherwise affect the authority of a state or local regulatory
    5-6  agency to implement or enforce statutory standards or state agency
    5-7  rules applicable to the coastal zone; or (3) apply to permits,
    5-8  orders, rules, regulations, or other actions issued or undertaken
    5-9  by a state regulatory agency in connection with federal funding or
   5-10  federal programs relating to the coastal zone.
   5-11        SECTION 3.  Nothing in this Act shall be construed to
   5-12  diminish or impair the rights or remedies of any person or entity
   5-13  under a final judgment rendered by, or in any pending litigation
   5-14  brought in, any court concerning an interpretation of the
   5-15  provisions of Subchapter I, Chapter 481, Government Code.
   5-16        SECTION 4.  The importance of this legislation and the
   5-17  crowded condition of the calendars in both houses create an
   5-18  emergency and an imperative public necessity that the
   5-19  constitutional rule requiring bills to be read on three several
   5-20  days in each house be suspended, and this rule is hereby suspended,
   5-21  and that this Act take effect and be in force from and after its
   5-22  passage, and it is so enacted.