By: Wentworth S.B. No. 1717
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain matters concerning municipal regulation of
1-2 property development.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter Z, Chapter 212, Local Government Code
1-5 is amended by adding Section 212.903 to read as follows:
1-6 Sec. 212.903 (a) This Section shall apply only to a
1-7 home-rule municipality that has a charter provision allowing for
1-8 limited-purpose annexation and has annexed territory for a limited
1-9 purpose, and which has within its corporate limits land that is
1-10 also within a road district that has issued refunding bonds and
1-11 imposed assessments on each parcel of land under Section 4.438A
1-12 County Road and Bridge Act (Article 6702-1, Vernon's Texas Civil
1-13 Statutes).
1-14 (b) In this Section:
1-15 (1) "Affected area" means an area that is:
1-16 (A) within a municipality or a municipality's
1-17 extraterritorial jurisdiction; and
1-18 (B) within a county other than the county in
1-19 which a majority of the territory of the municipality is located.
1-20 (2) "Development" means the clearing or removal of
1-21 vegetation from land; the excavation, mining, dredging, grading, or
1-22 filling of land; the construction or reconstruction of utility
1-23 lines, drainage facilities, flood control facilities, water control
2-1 facilities, erosion and sedimentation control measures, detention
2-2 ponds, retention ponds, filtration ponds, streets, roadways,
2-3 driveways, buildings or other structures; the placement of
2-4 improvements or structures on land; or any other alteration of
2-5 land.
2-6 (3) "Development plan" means a map, drawing,
2-7 preliminary plan for a subdivision, final plat, site plan, special
2-8 permit, conditional use permit, or other plan for development
2-9 setting forth or depicting the manner in which land within the
2-10 corporate limits or extraterritorial jurisdiction of a municipality
2-11 may be used or developed to demonstrate compliance with the
2-12 applicable ordinances, rules and regulations.
2-13 (4) "Permit" means a license, certificate, approval,
2-14 consent, permit, or other form of authorization required by law,
2-15 ordinance, rule or regulation that must be obtained to undertake,
2-16 commence or continue development of land.
2-17 (c) If a municipality requires or authorizes approval of a
2-18 development plan, the use and development of the land covered by an
2-19 approved development plan shall be permitted to occur as set forth
2-20 on such development plan, notwithstanding an expiration date
2-21 otherwise established for such development plan by the ordinances,
2-22 rules and regulations of the municipality. An approved development
2-23 plan may be revised from time to time by the owner of the land to
2-24 provide for more appropriate development of the land, provided the
2-25 proposed changes are consistent with the uses permitted by any
3-1 applicable zoning district and as generally reflected on the
3-2 development plan, and with the applicable ordinances, rules and
3-3 regulations in effect on the date the original application for
3-4 approval of the first development plan covering the land was filed.
3-5 (d) The use and development of the land covered by an
3-6 approved development plan shall be permitted if such use and
3-7 development is in accordance with the applicable ordinances, rules
3-8 and regulations in effect on the date the original application for
3-9 approval of the first development plan covering the land was filed,
3-10 even if such use and development does not comply with subsequently
3-11 adopted ordinances, rules or regulations that would otherwise be
3-12 applicable to the land.
3-13 (e) Any permit for development of the land covered by a
3-14 development plan shall be considered by the municipality solely on
3-15 the basis of the regulations in effect on the date the original
3-16 application for the first development plan covering the land was
3-17 filed.
3-18 (f) The provisions of this Section shall apply to any
3-19 development plan approved by a municipality, regardless of whether
3-20 the original application for the first development plan covering
3-21 the land was filed prior to, on or after the effective date of this
3-22 Section.
3-23 (g) The rights and remedies of an owner of land under this
3-24 Section are cumulative to all other rights and remedies available
3-25 to such owner at law or in equity, including without limitation,
4-1 rights and remedies under Subchapter I, Chapter 481, Government
4-2 Code, and nothing in this Section shall be construed to diminish or
4-3 impair any such rights and remedies.
4-4 (h) This Section does not apply to permits for the
4-5 construction of buildings or structures intended for human
4-6 occupancy or habitation that are issued pursuant to laws,
4-7 ordinances, procedures, rules and regulations adopting solely the
4-8 provisions of uniform building, fire, electrical, plumbing or
4-9 mechanical codes promulgated by the Southern Building Code Congress
4-10 International, the International Conference of Building Officials,
4-11 the International Fire Code Institute, or the International
4-12 Association of Plumbing and Mechanical Officials, or local
4-13 amendments to building, fire, electrical, plumbing, or mechanical
4-14 codes enacted to address imminent threats to health and safety.
4-15 SECTION 2. If any provision, section, sentence, clause, or
4-16 phrase of this Act, or the application of same to any person or set
4-17 of circumstances is for any reason held to be unconstitutional,
4-18 void or invalid (or for any reason unenforceable), the validity of
4-19 the remaining portions of this Act or the application to such other
4-20 persons or sets of circumstances shall not be affected hereby, it
4-21 being the intent of the legislature in adopting this Act, that no
4-22 portion hereof or provision contained herein shall become
4-23 inoperative or fail by reason of any unconstitutionality or
4-24 invalidity of any other portion or provision.
4-25 SECTION 3. The importance of this legislation and the
5-1 crowded condition on the calendars in both houses create an
5-2 emergency and an imperative public necessity that the
5-3 constitutional rule requiring bills to be read on three several
5-4 days in each house be suspended, and this rule is hereby suspended,
5-5 and that this Act take effect and be in force from and after its
5-6 passage, and it is so enacted.