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.