By Krusee                                             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 with a population of more than 450,000 that
    1-9  owns an electric utility.
   1-10        (b)  In this Section:
   1-11              (1)  "Development" means the clearing or removal of
   1-12  vegetation from land; the excavation, mining, dredging, grading, or
   1-13  filling of land; the construction or reconstruction of utility
   1-14  lines, drainage facilities, flood control facilities, water control
   1-15  facilities, erosion and sedimentation control measures, detention
   1-16  ponds, retention ponds, filtration ponds, streets, roadways,
   1-17  driveways, buildings or other structures; the placement of
   1-18  improvements or structures on land; or any other alteration of
   1-19  land.
   1-20              (2)  "Development plan" means a map, drawing,
   1-21  preliminary plan for a subdivision, final plat, site plan, special
   1-22  permit, conditional use permit, or other plan for development
   1-23  setting forth or depicting the manner in which land within the
    2-1  corporate limits or extraterritorial jurisdiction of a municipality
    2-2  may be used or developed to demonstrate compliance with the
    2-3  applicable ordinances, rules and regulations.
    2-4              (3)  "Permit" means a license, certificate, approval,
    2-5  consent, permit, or other form of authorization required by law,
    2-6  ordinance, rule or regulation that must be obtained to undertake,
    2-7  commence or continue development of land.
    2-8        (c)  If a municipality requires or authorizes approval of a
    2-9  development plan, the use and development of the land covered by an
   2-10  approved development plan shall be permitted to occur as set forth
   2-11  on such development plan, notwithstanding an expiration date
   2-12  otherwise established for such development plan by the ordinances,
   2-13  rules and regulations of the municipality.  An approved development
   2-14  plan may be revised from time to time by the owner of the land to
   2-15  provide for more appropriate development of the land, provided the
   2-16  proposed changes are consistent with the uses permitted by any
   2-17  applicable zoning district and as generally reflected on the
   2-18  development plan, and with the applicable ordinances, rules and
   2-19  regulations in effect on the date the original application for
   2-20  approval of the first development plan covering the land was filed.
   2-21        (d)  The use and development of the land covered by an
   2-22  approved development plan shall be permitted if such use and
   2-23  development is in accordance with the applicable ordinances, rules
   2-24  and regulations in effect on the date the original application for
   2-25  approval of the first development plan covering the land was filed,
    3-1  even if such use and development does not comply with subsequently
    3-2  adopted ordinances, rules or regulations that would otherwise be
    3-3  applicable to the land.
    3-4        (e)  Any permit for development of the land covered by a
    3-5  development plan shall be considered by the municipality solely on
    3-6  the basis of the regulations in effect on the date the original
    3-7  application for the first development plan covering the land was
    3-8  filed.
    3-9        (f)  The provisions of this Section shall apply to any
   3-10  development plan approved by a municipality, regardless of whether
   3-11  the original application for the first development plan covering
   3-12  the land was filed prior to, on or after the effective date of this
   3-13  Section.
   3-14        (g)  The rights and remedies of an owner of land under this
   3-15  Section are cumulative to all other rights and remedies available
   3-16  to such owner at law or in equity, including without limitation,
   3-17  rights and remedies under Subchapter I, Chapter 481, Government
   3-18  Code, and nothing in this Section shall be construed to diminish or
   3-19  impair any such rights and remedies.
   3-20        SECTION 2.  If any provision, section, sentence, clause, or
   3-21  phrase of this Act, or the application of same to any person or set
   3-22  of circumstances is for any reason held to be unconstitutional,
   3-23  void or invalid (or for any reason unenforceable), the validity of
   3-24  the remaining portions of this Act or the application to such other
   3-25  persons or sets of circumstances shall not be affected hereby, it
    4-1  being the intent of the legislature in adopting this Act, that no
    4-2  portion hereof or provision contained herein shall become
    4-3  inoperative or fail by reason of any unconstitutionality or
    4-4  invalidity of any other portion or provision.
    4-5        SECTION 3.  The importance of this legislation and the
    4-6  crowded condition on the calendars in both houses create an
    4-7  emergency and an imperative public necessity that the
    4-8  constitutional rule requiring bills to be read on three several
    4-9  days in each house be suspended, and this rule is hereby suspended,
   4-10  and that this Act take effect and be in force from and after its
   4-11  passage, and it is so enacted.