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.