Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Turner of Coleman                            H.B. No. 1395

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the review and approval of certain permits by the

 1-3     state, a municipality, or other local government agencies.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter I, Chapter 481, Government Code, is

 1-6     amended to read as follows:

 1-7                   SUBCHAPTER I.  STATE AND LOCAL PERMITS

 1-8           Sec. 481.141.  Legislative Finding and Intent.  (a)  The

 1-9     legislature finds that current administrative practices often

1-10     result in unnecessary governmental regulatory delays that inhibit

1-11     the economic development of the state.

1-12           (b)  The legislature desires to establish requirements

1-13     relating to the processing and issuance of permits and approvals by

1-14     governmental regulatory agencies in order to alleviate bureaucratic

1-15     obstacles to economic development.

1-16           Sec. 481.142.  Definitions.  In this subchapter:

1-17                 (1)  "Political subdivision" means a political

1-18     subdivision of the state, including a county, a school district, or

1-19     a municipality.

1-20                 (2)  "Permit" means a license, certificate, approval,

1-21     registration, consent, permit, change of zoning, or other form of

1-22     authorization required by law, rule, regulation, or ordinance that

1-23     must be obtained by a person in order to perform an action or

1-24     initiate a project for which the permit is sought.

 2-1                 (3)  "Project" means an endeavor over which a

 2-2     regulatory agency exerts its jurisdiction and for which one or more

 2-3     permits are required to initiate or continue the endeavor.

 2-4                 (4)  "Regulatory agency" means an agency, bureau,

 2-5     department, division, or commission of the state or any department,

 2-6     agency, board, commission, or governing body of a political

 2-7     subdivision in its capacity of processing, approving, or issuing

 2-8     permits.

 2-9           Sec. 481.143.  Uniformity of Requirements.  (a)  The

2-10     approval, disapproval, or conditional approval of an application

2-11     for a permit shall be considered by each regulatory agency solely

2-12     on the basis of any orders, regulations, ordinances, rules,

2-13     expiration dates, or other duly adopted requirements in effect at

2-14     the time the original application for the permit is filed.  If a

2-15     series of permits is required for a project, the orders,

2-16     regulations, ordinances, rules, expiration dates, or other duly

2-17     adopted requirements in effect at the time the original application

2-18     for the first permit in that series is filed shall be the sole

2-19     basis for consideration of all subsequent permits required for the

2-20     completion of the project, and all permits required for the project

2-21     shall be considered to be a single series of permits.  Necessary

2-22     zoning changes, [Preliminary] preliminary subdivision plans and

2-23     related subdivision plats, site plans, and all other development

2-24     permits for land covered by such zoning changes, preliminary plans

2-25     or subdivision plats are considered collectively to be one series

2-26     of permits, regardless of whether all such permits are issued by

2-27     the same regulatory agency or by multiple regulatory agencies which

2-28     have jurisdiction over the project or which have had jurisdiction

2-29     over the project at various stages of its development.  Once an

2-30     application for a project has been filed, a regulatory agency shall

 3-1     not shorten the duration of any permit required for the project.

 3-2           (b)  This subchapter shall apply to all projects in progress

 3-3     on or commenced after the effective date of this subchapter as

 3-4     originally enacted by Section 1, Chapter 374, Acts of the 70th

 3-5     Legislature, Regular Session, 1987, and the duly adopted

 3-6     requirements in effect at the time the original application for the

 3-7     first permit for the project was filed shall control.  This

 3-8     subchapter shall be enforceable solely through declaratory,

 3-9     mandamus, or injunctive relief.

3-10           (c)  This section does not apply to:

3-11                 (1)  permits or licenses issued in connection with any

3-12     form of gaming or gambling;

3-13                 (2)  permits or licenses issued under Title 2, Tax

3-14     Code;

3-15                 (3)  permits or orders issued under programs for which

3-16     a state regulatory agency has received authorization, delegation,

3-17     or approval from the federal government to implement an equivalent

3-18     state program in lieu of or as part of the federal program;

3-19                 (4)  permits for the construction of buildings or

3-20     structures intended for human occupancy or habitation that are

3-21     issued pursuant to laws, ordinances, procedures, rules, or

3-22     regulations adopting solely the provisions of uniform building,

3-23     fire, electrical, plumbing or mechanical codes promulgated by a

3-24     recognized national code organization or local amendments to any

3-25     such codes enacted solely to address imminent threats of

3-26     destruction of property or injury to persons, unless such permits

3-27     are less than two years old;

3-28                 (5)  municipal zoning regulations that do not affect

3-29     lot size, lot dimensions, lot coverage, or building size, unless

3-30     otherwise provided by this subchapter;

 4-1                 (6)  regulations for the location of adult-oriented

 4-2     businesses;

 4-3                 (7)  state or local laws, including city or county

 4-4     ordinances, rules, regulations, or other requirements, affecting

 4-5     colonias;

 4-6                 (8)  fees lawfully imposed in conjunction with

 4-7     development permits;

 4-8                 (9)  regulations for annexation;

 4-9                 (10)  regulations for utility connections;

4-10                 (11)  regulations to prevent imminent destruction of

4-11     property or injury to persons; or

4-12                 (12)  construction standards for public works located

4-13     on public lands and easements.

4-14           (d)  Notwithstanding any provision of this section to the

4-15     contrary, a permit holder shall have the right to take advantage of

4-16     procedural changes to the laws, rules, regulations, or ordinances

4-17     of a regulatory agency which enhance or protect the project

4-18     including, without limitation, changes which lengthen the effective

4-19     life of the permit after the date on which application for the

4-20     permit was made, without otherwise forfeiting any rights under this

4-21     section.

4-22           (e)  A land development project may be revised to allow for

4-23     types or intensities of land uses in the revised project which are

4-24     different from those which were originally planned for the project,

4-25     and such revisions shall not result in the forfeiture of any rights

4-26     under the section, so long as at least one permit in the series of

4-27     permits necessary to construct the project as originally planned is

4-28     used in the series of permits necessary to construct the project as

4-29     revised, and not more than 20 years has elapsed between the

4-30     applications for the first and last permits in the series of

 5-1     permits necessary to construct the project as revised.  Nothing

 5-2     herein shall be construed to limit the life of a project which has

 5-3     remained substantially unchanged to any particular duration of

 5-4     time.

 5-5           [(e)] f  The provisions of this section relating to the

 5-6     expiration date of a permit or to the duration of a permit do not

 5-7     apply in the case of a permit issued by the Railroad Commission of

 5-8     Texas which did not have an expiration date or a specific duration

 5-9     when originally issued.

5-10           SECTION 2.  Nothing in this Act shall be construed to:

5-11                 (1)  limit or otherwise affect the authority of a

5-12     municipality, a county, another political subdivision, the state,

5-13     or an agency of the state, with respect to the implementation or

5-14     enforcement of an ordinance, a rule, or a statutory standard of a

5-15     program, plan, or ordinance that was adopted under the federal

5-16     Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et

5-17     seq.)  or its subsequent amendments or Subtitle E, Title 2, Natural

5-18     Resources Code;  or

5-19                 (2)  apply to a permit, order, rule, regulation, or

5-20     other action issued, adopted, or undertaken by a municipality, a

5-21     county, another political subdivision, the state, or an agency of

5-22     the state in connection with the federal Coastal Zone Management

5-23     Act of 1972 (16 U.S.C. Section 1451 et seq.)  or its subsequent

5-24     amendments or Subtitle E, Title 2, Natural Resources Code.

5-25           SECTION 3.  Nothing in this Act shall be construed to

5-26     diminish or impair the rights or remedies of any person or entity

5-27     under a final judgment rendered by, or in any pending litigation

5-28     brought in, any court concerning an interpretation of the

5-29     provisions of Subchapter I, Chapter 481, Government Code.

5-30           SECTION 4.  The importance of this legislation and the

 6-1     crowded condition of the calendars in both houses create an

 6-2     emergency and an imperative public necessity that the

 6-3     constitutional rule requiring bills to be read on three several

 6-4     days in each house be suspended, and this rule is hereby suspended,

 6-5     and that this Act take effect and be in force from and after its

 6-6     passage, and it is so enacted.