By Krusee H.B. No. 3092
Substitute the following for H.B. No. 3092:
By Krusee C.S.H.B. No. 3092
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain matters concerning municipal regulation of
1-3 property development.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter Z, Chapter 212, Local Government Code
1-6 is amended by adding Section 212.903 to read as follows:
1-7 Sec. 212.903 (a) This Section shall apply only to a
1-8 home-rule municipality that has a charter provision allowing for
1-9 limited-purpose annexation and has annexed territory for a limited
1-10 purpose, and which has within its corporate limits land that is
1-11 also within a road district that has issued refunding bonds and
1-12 imposed assessments on each parcel of land under Section 4.438A
1-13 County Road and Bridge Act (Article 6702-1, Vernon's Texas Civil
1-14 Statutes).
1-15 (b) In this Section:
1-16 (1) "Affected area" means an area that is:
1-17 (A) within a municipality or a municipality's
1-18 extraterritorial jurisdiction; and
1-19 (B) within a county other than the county in
1-20 which a majority of the territory of the municipality is located.
1-21 (2) "Development" means the clearing or removal of
1-22 vegetation from land; the excavation, mining, dredging, grading, or
1-23 filling of land; the construction or reconstruction of utility
2-1 lines, drainage facilities, flood control facilities, water control
2-2 facilities, erosion and sedimentation control measures, detention
2-3 ponds, retention ponds, filtration ponds, streets, roadways,
2-4 driveways, buildings or other structures; the placement of
2-5 improvements or structures on land; or any other alteration of
2-6 land.
2-7 (3) "Development plan" means a map, drawing,
2-8 preliminary plan for a subdivision, final plat, site plan, special
2-9 permit, conditional use permit, or other plan for development
2-10 setting forth or depicting the manner in which land within the
2-11 corporate limits or extraterritorial jurisdiction of a municipality
2-12 may be used or developed to demonstrate compliance with the
2-13 applicable ordinances, rules and regulations.
2-14 (4) "Permit" means a license, certificate, approval,
2-15 consent, permit, or other form of authorization required by law,
2-16 ordinance, rule or regulation that must be obtained to undertake,
2-17 commence or continue development of land.
2-18 (c) If a municipality requires or authorizes approval of a
2-19 development plan, the use and development of the land covered by an
2-20 approved development plan shall be permitted to occur as set forth
2-21 on such development plan, notwithstanding an expiration date
2-22 otherwise established for such development plan by the ordinances,
2-23 rules and regulations of the municipality. An approved development
2-24 plan may be revised from time to time by the owner of the land to
2-25 provide for more appropriate development of the land, provided the
3-1 proposed changes are consistent with the uses permitted by any
3-2 applicable zoning district and as generally reflected on the
3-3 development plan, and with the applicable ordinances, rules and
3-4 regulations in effect on the date the original application for
3-5 approval of the first development plan covering the land was filed.
3-6 (d) The use and development of the land covered by an
3-7 approved development plan shall be permitted if such use and
3-8 development is in accordance with the applicable ordinances, rules
3-9 and regulations in effect on the date the original application for
3-10 approval of the first development plan covering the land was filed,
3-11 even if such use and development does not comply with subsequently
3-12 adopted ordinances, rules or regulations that would otherwise be
3-13 applicable to the land.
3-14 (e) Any permit for development of the land covered by a
3-15 development plan shall be considered by the municipality solely on
3-16 the basis of the regulations in effect on the date the original
3-17 application for the first development plan covering the land was
3-18 filed.
3-19 (f) The provisions of this Section shall apply to any
3-20 development plan approved by a municipality, regardless of whether
3-21 the original application for the first development plan covering
3-22 the land was filed prior to, on or after the effective date of this
3-23 Section.
3-24 (g) The rights and remedies of an owner of land under this
3-25 Section are cumulative to all other rights and remedies available
4-1 to such owner at law or in equity, including without limitation,
4-2 rights and remedies under Subchapter I, Chapter 481, Government
4-3 Code, and nothing in this Section shall be construed to diminish or
4-4 impair any such rights and remedies.
4-5 (h) This Section does not apply to permits for the
4-6 construction of buildings or structures intended for human
4-7 occupancy or habitation that are issued pursuant to laws,
4-8 ordinances, procedures, rules and regulations adopting solely the
4-9 provisions of uniform building, fire, electrical, plumbing or
4-10 mechanical codes promulgated by the Southern Building Code Congress
4-11 International, the International Conference of Building Officials,
4-12 the International Fire Code Institute, or the International
4-13 Association of Plumbing and Mechanical Officials, or local
4-14 amendments to building, fire, electrical, plumbing, or mechanical
4-15 codes enacted to address imminent threats to health and safety.
4-16 SECTION 2. If any provision, section, sentence, clause, or
4-17 phrase of this Act, or the application of same to any person or set
4-18 of circumstances is for any reason held to be unconstitutional,
4-19 void or invalid (or for any reason unenforceable), the validity of
4-20 the remaining portions of this Act or the application to such other
4-21 persons or sets of circumstances shall not be affected hereby, it
4-22 being the intent of the legislature in adopting this Act, that no
4-23 portion hereof or provision contained herein shall become
4-24 inoperative or fail by reason of any unconstitutionality or
4-25 invalidity of any other portion or provision.
5-1 SECTION 3. The importance of this legislation and the
5-2 crowded condition on the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days in each house be suspended, and this rule is hereby suspended,
5-6 and that this Act take effect and be in force from and after its
5-7 passage, and it is so enacted.