By Kuempel 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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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 a permit is
2-3 required before initiation of the endeavor. Preliminary plans and
2-4 related subdivision plats, site plans and site development permits
2-5 connected to such preliminary plan or subdivision plats are
2-6 considered collectively to be one project, provided that each site
2-7 plan is submitted to the regulatory agency within three years after
2-8 the final plat of the subdivision for such site plan is approved.
2-9 All contiguous property that is under common or affiliated
2-10 ownership or control and which is subject to one or more
2-11 applications for subdivision shall be considered to be one project.
2-12 (4) "Regulatory agency" means an agency, bureau,
2-13 department, division, or commission of the state or any department,
2-14 <or other> agency, board, commission or governing body of a
2-15 political subdivision in its capacity of processing, approving, or
2-16 issuing permits <that processes and issues permits>.
2-17 (5) "Contiguous" means physically adjacent, but
2-18 disregarding easements, rights-of-way, roads, stream beds, and
2-19 public or quasi-public land.
2-20 Sec. 481.143. Uniformity of Requirements. (a) The approval,
2-21 disapproval, or conditional approval of an application for a permit
2-22 shall be considered by each regulatory agency solely on the basis
2-23 of any orders, regulations, ordinances, rules, expiration dates, or
2-24 other duly adopted requirements in effect at the time the original
2-25 application for the permit is filed. If a series of permits is
3-1 required for a project, and if the project is initiated within two
3-2 (2) years after the last required permit is approved, the orders,
3-3 regulations, ordinances, rules, expiration dates, or other
3-4 requirements in effect at the time the original application for the
3-5 first permit in that series is filed shall be the sole basis for
3-6 consideration of all subsequent permits required for the completion
3-7 of the project<.> and all permits required for the project shall
3-8 be considered to be a single series of permits. Once a permit is
3-9 approved, a regulatory agency shall not change any expiration dates
3-10 or duration of the permit. An application for a permit to amend a
3-11 previously applied for or approved permit for a project may be
3-12 filed, and the approval, disapproval or conditional approval of the
3-13 amendment shall also be considered by each regulatory agency solely
3-14 on the basis of any orders, regulations, ordinances, rules,
3-15 expiration dates, or other duly-adopted requirements in effect at
3-16 the time the original application for the permit for the original
3-17 project was filed if the purpose of the amendment is to comply with
3-18 requirements of another regulatory agency having jurisdiction over
3-19 the project. The project will be considered to have been initiated
3-20 if plans are prepared and the ground is broken for the first phase
3-21 of the project. The project and subsequent phases must be in a
3-22 continuous process of completion and completed as soon as
3-23 reasonably possible, consistent with generally-accepted local
3-24 standards and practices, provided that the project shall be
3-25 considered to be in a continuous process of completion during any
4-1 period in which completion or initiation is interrupted for any
4-2 reason or circumstance beyond the control of the person to whom the
4-3 permit was issued as a result of an action taken by a regulatory
4-4 agency or other governmental entity or agency thereof.
4-5 (b) This subchapter shall apply to all projects in progress
4-6 on or commenced after the effective date of this subchapter of the
4-7 Government Code as originally enacted by Acts 1987, 70th
4-8 Legislature, Chapter 374, Section 1, and the duly-adopted
4-9 requirements in effect at the time the original application for the
4-10 first permit for the project was filed shall control.
4-11 <(b)> (c) This section does not apply to:
4-12 (1) permits or licenses issued in connection with any
4-13 form of gaming or gambling;
4-14 (2) permits or licenses issued under Title 2, Tax
4-15 Code; <or>
4-16 (3) permits or orders issued under programs for which
4-17 a state regulatory agency has received authorization, delegation,
4-18 or approval from the federal government to implement an equivalent
4-19 state program in lieu of or as part of the federal program<.>;
4-20 (4) permits for the construction of buildings or
4-21 structures intended for human occupancy or habitation that are
4-22 issued pursuant to laws, ordinances, procedures, rules or
4-23 regulations adopting solely the provisions of uniform building,
4-24 fire, electrical, plumbing or mechanical codes promulgated by the
4-25 International Conference of Building Officials, the International
5-1 Fire Code Institute, or the International Association of Plumbing
5-2 and Mechanical Officials, or local amendments to building, fire,
5-3 electrical, plumbing or mechanical codes enacted to address
5-4 imminent threats to health and safety, unless such permits are less
5-5 than two years old;
5-6 (5) permits, orders or regulations issued by local
5-7 regulatory agencies to comply with federally-mandated or
5-8 state-mandated programs, statutes, regulations or permits where the
5-9 local regulatory agency does not have discretion to comply with the
5-10 federal or state mandate; or
5-11 (6) municipal zoning regulations, regulations
5-12 affecting the location of adult-oriented businesses, or regulations
5-13 affecting colonias.
5-14 SECTION 2. Nothing in this Act shall be construed to: (1)
5-15 limit or otherwise affect the authority of a state agency with
5-16 respect to the enforcement of rules or implementation of programs
5-17 or plans which are funded or mandated by the federal government
5-18 under the federal Coastal Zone Management Act of 1972 (16 U.S.C.
5-19 Section 1451 et seq.) and its subsequent amendments; (2) limit or
5-20 otherwise affect the authority of a state or local regulatory
5-21 agency to implement or enforce statutory standards or state agency
5-22 rules applicable to the coastal zone; or (3) apply to permits,
5-23 orders, rules, regulations, or other actions issued or undertaken
5-24 by a state regulatory agency in connection with federal funding or
5-25 federal programs relating to the coastal zone.
6-1 SECTION 3. Nothing in this Act shall be construed to
6-2 diminish or impair the rights or remedies of any private person or
6-3 entity under a final judgment rendered by, or in any pending
6-4 litigation brought in, any court concerning an interpretation of
6-5 the provisions of Subchapter I, Chapter 481, Government Code.
6-6 SECTION 4. The importance of this legislation and the
6-7 crowded condition of the calendars in both houses create an
6-8 emergency and an imperative public necessity that the
6-9 constitutional rule requiring bills to be read on three several
6-10 days in each house be suspended, and this rule is hereby suspended,
6-11 and that this Act take effect and be in force from and after its
6-12 passage, and it is so enacted.