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.