By: Armbrister S.B. No. 1466
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the review and approval of certain permits by the
1-2 state, a municipality, or other local governmental agencies.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter I, Chapter 481, Government Code, is
1-5 amended to read as follows:
1-6 Sec. 481.141. Legislative Finding and Intent. (a) The
1-7 legislature finds that current administrative practices often
1-8 result in unnecessary governmental regulatory delays that inhibit
1-9 the economic development of the state.
1-10 (b) The legislature desires to establish requirements
1-11 relating to the processing and issuance of permits and approvals by
1-12 governmental regulatory agencies in order to alleviate bureaucratic
1-13 obstacles to economic development.
1-14 Sec. 481.142. Definitions. In this subchapter:
1-15 (1) "Political subdivision" means a political
1-16 subdivision of the state, including a county, a school district, or
1-17 a municipality.
1-18 (2) "Permit" means a license, certificate, approval,
1-19 registration, consent, permit, or other form of authorization
1-20 required by law, rule, regulation, or ordinance that must be
1-21 obtained by a person in order to perform an action or initiate a
1-22 project for which the permit is sought.
1-23 (3) "Project" means an endeavor over which a
2-1 regulatory agency exerts its jurisdiction and for which a permit is
2-2 required before initiation of the endeavor. Preliminary plans and
2-3 related subdivision plats, site plans and site development permits
2-4 connected to such preliminary plan or subdivision plats are
2-5 considered collectively to be one project, provided that each site
2-6 plan is submitted to the regulatory agency within three years after
2-7 the final plat of the subdivision for such site plan is approved.
2-8 All contiguous property that is under common or affiliated
2-9 ownership or control and which is subject to one or more
2-10 applications for subdivision shall be considered to be one project.
2-11 (4) "Regulatory agency" means an agency, bureau,
2-12 department, division, or commission of the state or any department,
2-13 <or other> agency, board, commission or governing body of a
2-14 political subdivision in its capacity of processing, approving, or
2-15 issuing permits <that processes and issues permits>.
2-16 (5) "Contiguous" means physically adjacent, but
2-17 disregarding easements, rights-of-way, roads, stream beds, and
2-18 public or quasi-public land.
2-19 Sec. 481.143. Uniformity of Requirements. (a) The approval,
2-20 disapproval, or conditional approval of an application for a permit
2-21 shall be considered by each regulatory agency solely on the basis
2-22 of any orders, regulations, ordinances, rules, expiration dates, or
2-23 other duly adopted requirements in effect at the time the original
2-24 application for the permit is filed. If a series of permits is
2-25 required for a project, and if the project is initiated within two
3-1 (2) years after the last required permit is approved, the orders,
3-2 regulations, ordinances, rules, expiration dates, or other
3-3 requirements in effect at the time the original application for the
3-4 first permit in that series is filed shall be the sole basis for
3-5 consideration of all subsequent permits required for the completion
3-6 of the project<.> and all permits required for the project shall
3-7 be considered to be a single series of permits. Once a permit is
3-8 approved, a regulatory agency shall not change any expiration dates
3-9 or duration of the permit. An application for a permit to amend a
3-10 previously applied for or approved permit for a project may be
3-11 filed, and the approval, disapproval or conditional approval of the
3-12 amendment shall also be considered by each regulatory agency solely
3-13 on the basis of any orders, regulations, ordinances, rules,
3-14 expiration dates, or other duly-adopted requirements in effect at
3-15 the time the original application for the permit for the original
3-16 project was filed if the purpose of the amendment is to comply with
3-17 requirements of another regulatory agency having jurisdiction over
3-18 the project. The project will be considered to have been initiated
3-19 if plans are prepared and the ground is broken for the first phase
3-20 of the project. The project and subsequent phases must be in a
3-21 continuous process of completion and completed as soon as
3-22 reasonably possible, consistent with generally-accepted local
3-23 standards and practices, provided that the project shall be
3-24 considered to be in a continuous process of completion during any
3-25 period in which completion or initiation is interrupted for any
4-1 reason or circumstance beyond the control of the person to whom the
4-2 permit was issued as a result of an action taken by a regulatory
4-3 agency or other governmental entity or agency thereof.
4-4 (b) This subchapter shall apply to all projects in progress
4-5 on or commenced after the effective date of this subchapter of the
4-6 Government Code as originally enacted by Acts 1987, 70th
4-7 Legislature, Chapter 374, Section 1, and the duly-adopted
4-8 requirements in effect at the time the original application for the
4-9 first permit for the project was filed shall control.
4-10 <(b)> (c) This section does not apply to:
4-11 (1) permits or licenses issued in connection with any
4-12 form of gaming or gambling;
4-13 (2) permits or licenses issued under Title 2, Tax
4-14 Code; <or>
4-15 (3) permits or orders issued under programs for which
4-16 a state regulatory agency has received authorization, delegation,
4-17 or approval from the federal government to implement an equivalent
4-18 state program in lieu of or as part of the federal program<.>;
4-19 (4) permits for the construction of buildings or
4-20 structures intended for human occupancy or habitation that are
4-21 issued pursuant to laws, ordinances, procedures, rules or
4-22 regulations adopting solely the provisions of uniform building,
4-23 fire, electrical, plumbing or mechanical codes promulgated by the
4-24 International Conference of Building Officials, the International
4-25 Fire Code Institute, or the International Association of Plumbing
5-1 and Mechanical Officials, or local amendments to building, fire,
5-2 electrical, plumbing or mechanical codes enacted to address
5-3 imminent threats to health and safety, unless such permits are less
5-4 than two years old;
5-5 (5) permits, orders or regulations issued by local
5-6 regulatory agencies to comply with federally-mandated or
5-7 state-mandated programs, statutes, regulations or permits where the
5-8 local regulatory agency does not have discretion to comply with the
5-9 federal or state mandate; or
5-10 (6) municipal zoning regulations, regulations
5-11 affecting the location of adult-oriented businesses, or regulations
5-12 affecting colonias.
5-13 SECTION 2. Nothing in this Act shall be construed to: (1)
5-14 limit or otherwise affect the authority of a state agency with
5-15 respect to the enforcement of rules or implementation of programs
5-16 or plans which are funded or mandated by the federal government
5-17 under the federal Coastal Zone Management Act of 1972 (16 U.S.C.
5-18 Section 1451 et seq.) and its subsequent amendments; (2) limit or
5-19 otherwise affect the authority of a state or local regulatory
5-20 agency to implement or enforce statutory standards or state agency
5-21 rules applicable to the coastal zone; or (3) apply to permits,
5-22 orders, rules, regulations, or other actions issued or undertaken
5-23 by a state regulatory agency in connection with federal funding or
5-24 federal programs relating to the coastal zone.
5-25 SECTION 3. Nothing in this Act shall be construed to
6-1 diminish or impair the rights or remedies of any private person or
6-2 entity under a final judgment rendered by, or in any pending
6-3 litigation brought in, any court concerning an interpretation of
6-4 the provisions of Subchapter I, Chapter 481, Government Code.
6-5 SECTION 4. The importance of this legislation and the
6-6 crowded condition of the calendars in both houses create an
6-7 emergency and an imperative public necessity that the
6-8 constitutional rule requiring bills to be read on three several
6-9 days in each house be suspended, and this rule is hereby suspended,
6-10 and that this Act take effect and be in force from and after its
6-11 passage, and it is so enacted.