SRC-SLL H.B. 1704 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1704
By: Kuempel (Shapiro)
State Affairs
4/26/1999
Engrossed


DIGEST 

In 1997, Chapter 481I, Government Code, was repealed by the 75th
Legislature.  As a result, current law allows a political subdivision to
apply changes in its regulations and permit requirements retroactively.
H.B. 1704 sets forth provisions regarding the approval of certain permit
applications by local governments. 

PURPOSE

As proposed, H.B. 1704 sets forth provisions regarding the approval of
certain permit applications by local governments. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  FINDINGS; INTENT.  Sets forth legislative findings relating to
the former Subchapter I, Chapter 481, Government Code, which was repealed
by Section 51(b), Chapter 1041, Acts of the 75th Legislature, Regular
Session, 1997.  Sets forth legislative intent relating to this Act. 

SECTION 2.  AMENDMENT.  Amends Title 7C, Local Government Code, by adding
Chapter 245, as follows: 

CHAPTER 245.  ISSUANCE OF LOCAL PERMITS

Sec.  245.001.  DEFINITIONS.  Defines "permit," "political subdivision,"
"project," and "regulatory agency." 

Sec.  245.002.  UNIFORMITY OF REQUIREMENTS.  Sets forth requirements for
each regulatory agency to approve, disapprove, and conditionally approve an
application for certain permits regarding subdivision plats, site plans,
and other development plans.  Prohibits a regulatory agency from shortening
the duration of any permit required for a project after an application for
a project is filed.  Authorizes a permit holder to take advantage of
certain recorded documents, laws, rules, and regulations without forfeiting
any rights under this chapter, notwithstanding any provision of this
chapter to the contrary. 

Sec.  245.003.  APPLICABILITY OF CHAPTER.  Provides that this chapter
applies only to a project in progress or commenced after September 1, 1997.
Provides that, for purposes of this chapter, a project was in progress on
September 1, 1997, if it meets certain requirements. 

 Sec.  245.004.  EXEMPTIONS.  Sets forth exemptions to this chapter.

Sec.  245.005.  DORMANT PROJECTS.  Authorizes a regulatory agency to enact
an ordinance, rule, or regulation that places an expiration date on a
permit if, as of the first anniversary of the effective date of this
chapter, certain conditions are met, notwithstanding any other provision of
this chapter.  Requires any ordinance, rule, or regulation enacted pursuant
to this section to place an expiration date of no earlier than the fifth
anniversary of the effective date of this chapter.  Requires progress
towards completion of the project to include certain activities. 
 
Sec.  245.006.  ENFORCEMENT OF CHAPTER.  Authorizes this chapter to be
enforced only through mandamus or declaratory or injunctive relief. 

SECTION 3.  Prohibits the repeal of Chapter 484I, Government Code, and
actions taken by a regulatory agency for the issuance of a permits after
that repeal from causing or requiring the expiration or termination of a
project or permit covered by SECTION2 of this Act.  Provides that an action
by a regulatory agency that violates this SECTION is void to the extent
necessary to give effect to this SECTION.  Provides that this Act does not
affect final court judgments or pending litigation involving an
interpretation of Chapter 481I, Government Code, as it existed before its
repeal by the 75th Legislature. 

SECTION 4.  CONSTRUCTION OF ACT.  Provides that nothing in this Act shall
be construed to apply to a condition or provision of an ordinance, rule, or
regulation that is enacted by a regulatory agency, as that term is defined
by Section 245.001, Local Government Code, as added by SECTION 2 of this
Act, which is specifically required by uniformly applicable regulations
adopted by a state agency after the effective date of this Act. 

SECTION 5.  EFFECT ON COASTAL ZONE MANAGEMENT ACT.  Provides that nothing
in this Act shall be construed to limit or otherwise affect the authority
of certain political entities with respect to the federal Coastal Zone
Management Act or to apply to a permit, order, rule, regulation, or other
action issued, adopted, or undertaken in connection with the federal
Coastal Zone Management Act. 

SECTION 6.  Emergency clause.
            Effective date: upon passage.