1-1 By: Shapiro S.B. No. 1704
1-2 (In the Senate - Filed May 4, 1995; May 5, 1995, read first
1-3 time and referred to Committee on Natural Resources; May 10, 1995,
1-4 reported favorably, as amended, by the following vote: Yeas 8,
1-5 Nays 1; May 10, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Nixon
1-7 Amend S.B. No. 1704 by adding Subsection (e) to Section 481.143 to
1-8 read as follows:
1-9 (e) The provisions of this section relating to the
1-10 expiration date of a permit or to the duration of a permit do not
1-11 apply in the case of a permit issued by the Railroad Commission of
1-12 Texas which did not have an expiration date or a specific duration
1-13 when originally issued.
1-14 A BILL TO BE ENTITLED
1-15 AN ACT
1-16 relating to the review and approval of certain permits by the
1-17 state, a municipality, or other local governmental agencies.
1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. Subchapter I, Chapter 481, Government Code, is
1-20 amended to read as follows:
1-21 SUBCHAPTER I. STATE AND LOCAL PERMITS
1-22 Sec. 481.141. Legislative Finding and Intent. (a) The
1-23 legislature finds that current administrative practices often
1-24 result in unnecessary governmental regulatory delays that inhibit
1-25 the economic development of the state.
1-26 (b) The legislature desires to establish requirements
1-27 relating to the processing and issuance of permits and approvals by
1-28 governmental regulatory agencies in order to alleviate bureaucratic
1-29 obstacles to economic development.
1-30 Sec. 481.142. Definitions. In this subchapter:
1-31 (1) "Political subdivision" means a political
1-32 subdivision of the state, including a county, a school district, or
1-33 a municipality.
1-34 (2) "Permit" means a license, certificate, approval,
1-35 registration, consent, permit, or other form of authorization
1-36 required by law, rule, regulation, or ordinance that must be
1-37 obtained by a person in order to perform an action or initiate a
1-38 project for which the permit is sought.
1-39 (3) "Project" means an endeavor over which a
1-40 regulatory agency exerts its jurisdiction and for which one or more
1-41 permits are <a permit is> required to initiate or continue <before
1-42 initiation of> the endeavor.
1-43 (4) "Regulatory agency" means an agency, bureau,
1-44 department, division, or commission of the state or any department,
1-45 <or other> agency, board, commission, or governing body of a
1-46 political subdivision in its capacity of processing, approving, or
1-47 issuing <that processes and issues> permits.
1-48 Sec. 481.143. Uniformity of Requirements. (a) The approval,
1-49 disapproval, or conditional approval of an application for a permit
1-50 shall be considered by each regulatory agency solely on the basis
1-51 of any orders, regulations, ordinances, rules, expiration dates, or
1-52 other duly adopted requirements in effect at the time the original
1-53 application for the permit is filed. If a series of permits is
1-54 required for a project, the orders, regulations, ordinances, rules,
1-55 expiration dates, or other duly adopted requirements in effect at
1-56 the time the original application for the first permit in that
1-57 series is filed shall be the sole basis for consideration of all
1-58 subsequent permits required for the completion of the project, and
1-59 all permits required for the project shall be considered to be a
1-60 single series of permits. Preliminary plans and related
1-61 subdivision plats, site plans, and all other development permits
1-62 for land covered by such preliminary plans or subdivision plats are
1-63 considered collectively to be one series of permits. Once an
1-64 application for a project has been filed, a regulatory agency shall
1-65 not shorten the duration of any permit required for the project.
1-66 (b) This subchapter shall apply to all projects in progress
1-67 on or commenced after the effective date of this subchapter as
1-68 originally enacted by Section 1, Chapter 374, Acts of the 70th
2-1 Legislature, Regular Session, 1987, and the duly adopted
2-2 requirements in effect at the time the original application for the
2-3 first permit for the project was filed shall control. This
2-4 subchapter shall be enforceable solely through declaratory,
2-5 mandamus, or injunctive relief.
2-6 (c) This section does not apply to:
2-7 (1) permits or licenses issued in connection with any
2-8 form of gaming or gambling;
2-9 (2) permits or licenses issued under Title 2, Tax
2-10 Code; <or>
2-11 (3) permits or orders issued under programs for which
2-12 a state regulatory agency has received authorization, delegation,
2-13 or approval from the federal government to implement an equivalent
2-14 state program in lieu of or as part of the federal program;
2-15 (4) permits for the construction of buildings or
2-16 structures intended for human occupancy or habitation that are
2-17 issued pursuant to laws, ordinances, procedures, rules, or
2-18 regulations adopting solely the provisions of uniform building,
2-19 fire, electrical, plumbing, or mechanical codes promulgated by a
2-20 recognized national code organization or local amendments to any
2-21 such codes enacted solely to address imminent threats of
2-22 destruction of property or injury to persons, unless such permits
2-23 are less than two years old;
2-24 (5) municipal zoning regulations that do not affect
2-25 lot size, lot dimensions, lot coverage, or building size;
2-26 (6) regulations for the location of adult-oriented
2-27 businesses;
2-28 (7) regulations for colonias;
2-29 (8) fees lawfully imposed in conjunction with
2-30 development permits;
2-31 (9) regulations for annexation;
2-32 (10) regulations for utility connections;
2-33 (11) regulations to prevent imminent destruction of
2-34 property or injury to persons; or
2-35 (12) construction standards for public works located
2-36 on public lands and easements.
2-37 (d) Notwithstanding any provision of this section to the
2-38 contrary, a permit holder shall have the right to take advantage of
2-39 procedural changes to the laws, rules, regulations, or ordinances
2-40 of a regulatory agency which enhance or protect the project
2-41 including, without limitation, changes which lengthen the effective
2-42 life of the permit after the date on which application for the
2-43 permit was made, without otherwise forfeiting any rights under this
2-44 section.
2-45 SECTION 2. Nothing in this Act shall be construed to:
2-46 (1) limit or otherwise affect the authority of a state
2-47 agency with respect to the enforcement of rules or implementation
2-48 of programs or plans which are funded or mandated by the federal
2-49 government under the federal Coastal Zone Management Act of 1972
2-50 (16 U.S.C. Section 1451 et seq.);
2-51 (2) limit or otherwise affect the authority of a state
2-52 or local regulatory agency to implement or enforce statutory
2-53 standards or state agency rules applicable to the coastal zone; or
2-54 (3) apply to permits, orders, rules, regulations, or
2-55 other actions issued or undertaken by a state regulatory agency in
2-56 connection with federal funding or federal programs relating to the
2-57 coastal zone.
2-58 SECTION 3. Nothing in this Act shall be construed to
2-59 diminish or impair the rights or remedies of any person or entity
2-60 under a final judgment rendered by, or in any pending litigation
2-61 brought in, any court concerning an interpretation of the
2-62 provisions of Subchapter I, Chapter 481, Government Code.
2-63 SECTION 4. The importance of this legislation and the
2-64 crowded condition of the calendars in both houses create an
2-65 emergency and an imperative public necessity that the
2-66 constitutional rule requiring bills to be read on three several
2-67 days in each house be suspended, and this rule is hereby suspended,
2-68 and that this Act take effect and be in force from and after its
2-69 passage, and it is so enacted.
2-70 * * * * *