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.
   1-19        SECTION 1.  Subchapter I, Chapter 481, Government Code, is
   1-20  amended to read as follows:
   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.
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