1-1 AN ACT
1-2 relating to the approval of certain permit applications by local
1-3 governments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. FINDINGS; INTENT. (a) The legislature finds
1-6 that the former Subchapter I, Chapter 481, Government Code,
1-7 relating to state and local permits, originally enacted by Section
1-8 1, Chapter 374, Acts of the 70th Legislature, Regular Session,
1-9 1987, and subsequently amended by Section 3.01, Chapter 4, Acts of
1-10 the 71st Legislature, Regular Session, 1989, Section 2, Chapter
1-11 118, Acts of the 71st Legislature, Regular Session, 1989, and
1-12 Section 1, Chapter 794, Acts of the 74th Legislature, Regular
1-13 Session, 1995, was inadvertently repealed by Section 51(b), Chapter
1-14 1041, Acts of the 75th Legislature, Regular Session, 1997.
1-15 (b) The legislature finds that the repeal of former
1-16 Subchapter I, Chapter 481, Government Code, which became effective
1-17 September 1, 1997, resulted in the reestablishment of
1-18 administrative and legislative practices that often result in
1-19 unnecessary governmental regulatory uncertainty that inhibits the
1-20 economic development of the state and increases the cost of housing
1-21 and other forms of land development and often resulted in the
1-22 repeal of previously approved permits causing decreased property
1-23 and related values, bankruptcies, and failed projects.
1-24 (c) The legislature finds that the restoration of
2-1 requirements relating to the processing and issuance of permits and
2-2 approvals by local governmental regulatory agencies is necessary to
2-3 minimize to the extent possible the effect of the inadvertent
2-4 repeal of the former Subchapter I, Chapter 481, Government Code,
2-5 and to safeguard the general economy and welfare of the state and
2-6 to protect property rights.
2-7 (d) It is the intent of the legislature that no project,
2-8 permit, or series of permits that was protected by former
2-9 Subchapter I, Chapter 481, Government Code, be prejudiced by or
2-10 required or allowed to expire because of the repeal of former
2-11 Subchapter I or an action taken by a regulatory agency after the
2-12 repeal.
2-13 SECTION 2. AMENDMENT. Subtitle C, Title 7, Local Government
2-14 Code, is amended by adding Chapter 245 to read as follows:
2-15 CHAPTER 245. ISSUANCE OF LOCAL PERMITS
2-16 Sec. 245.001. DEFINITIONS. In this chapter:
2-17 (1) "Permit" means a license, certificate, approval,
2-18 registration, consent, permit, or other form of authorization
2-19 required by law, rule, regulation, order, or ordinance that a
2-20 person must obtain to perform an action or initiate, continue, or
2-21 complete a project for which the permit is sought.
2-22 (2) "Political subdivision" means a political
2-23 subdivision of the state, including a county, a school district, or
2-24 a municipality.
2-25 (3) "Project" means an endeavor over which a
2-26 regulatory agency exerts its jurisdiction and for which one or more
2-27 permits are required to initiate, continue, or complete the
3-1 endeavor.
3-2 (4) "Regulatory agency" means the governing body of,
3-3 or a bureau, department, division, board, commission, or other
3-4 agency of, a political subdivision acting in its capacity of
3-5 processing, approving, or issuing a permit.
3-6 Sec. 245.002. UNIFORMITY OF REQUIREMENTS. (a) Each
3-7 regulatory agency shall consider the approval, disapproval, or
3-8 conditional approval of an application for a permit solely on the
3-9 basis of any orders, regulations, ordinances, rules, expiration
3-10 dates, or other properly adopted requirements in effect at the time
3-11 the original application for the permit is filed.
3-12 (b) If a series of permits is required for a project, the
3-13 orders, regulations, ordinances, rules, expiration dates, or other
3-14 properly adopted requirements in effect at the time the original
3-15 application for the first permit in that series is filed shall be
3-16 the sole basis for consideration of all subsequent permits required
3-17 for the completion of the project. All permits required for the
3-18 project are considered to be a single series of permits.
3-19 Preliminary plans and related subdivision plats, site plans, and
3-20 all other development permits for land covered by the preliminary
3-21 plans or subdivision plats are considered collectively to be one
3-22 series of permits for a project.
3-23 (c) After an application for a project is filed, a
3-24 regulatory agency may not shorten the duration of any permit
3-25 required for the project.
3-26 (d) Notwithstanding any provision of this chapter to the
3-27 contrary, a permit holder may take advantage of recorded
4-1 subdivision plat notes, recorded restrictive covenants required by
4-2 a regulatory agency, or a change to the laws, rules, regulations,
4-3 or ordinances of a regulatory agency that enhance or protect the
4-4 project, including changes that lengthen the effective life of the
4-5 permit after the date the application for the permit was made,
4-6 without forfeiting any rights under this chapter.
4-7 Sec. 245.003. APPLICABILITY OF CHAPTER. This chapter
4-8 applies only to a project in progress on or commenced after
4-9 September 1, 1997. For purposes of this chapter a project was in
4-10 progress on September 1, 1997, if:
4-11 (1) before September 1, 1997:
4-12 (A) a regulatory agency approved or issued one
4-13 or more permits for the project; or
4-14 (B) an application for a permit for the project
4-15 was filed with a regulatory agency; and
4-16 (2) on or after September 1, 1997, a regulatory agency
4-17 enacts, enforces, or otherwise imposes:
4-18 (A) an order, regulation, ordinance, or rule
4-19 that in effect retroactively changes the duration of a permit for
4-20 the project;
4-21 (B) a deadline for obtaining a permit required
4-22 to continue or complete the project that was not enforced or did
4-23 not apply to the project before September 1, 1997; or
4-24 (C) any requirement for the project that was not
4-25 applicable to or enforced on the project before September 1, 1997.
4-26 Sec. 245.004. EXEMPTIONS. This chapter does not apply to:
4-27 (1) a permit that is at least two years old, is issued
5-1 for the construction of a building or structure intended for human
5-2 occupancy or habitation, and is issued under laws, ordinances,
5-3 procedures, rules, or regulations adopting only:
5-4 (A) uniform building, fire, electrical,
5-5 plumbing, or mechanical codes adopted by a recognized national code
5-6 organization; or
5-7 (B) local amendments to those codes enacted
5-8 solely to address imminent threats of destruction of property or
5-9 injury to persons;
5-10 (2) municipal zoning regulations that do not affect
5-11 lot size, lot dimensions, lot coverage, or building size or that do
5-12 not change development permitted by a restrictive covenant required
5-13 by a municipality;
5-14 (3) regulations that specifically control only the use
5-15 of land in a municipality that does not have zoning and that do not
5-16 affect lot size, lot dimensions, lot coverage, or building size;
5-17 (4) regulations for sexually oriented businesses;
5-18 (5) municipal or county ordinances, rules,
5-19 regulations, or other requirements affecting colonias;
5-20 (6) fees imposed in conjunction with development
5-21 permits;
5-22 (7) regulations for annexation;
5-23 (8) regulations for utility connections;
5-24 (9) regulations to prevent imminent destruction of
5-25 property or injury to persons, including regulations effective only
5-26 within a flood plain established by a federal flood control program
5-27 and enacted to prevent the flooding of buildings intended for
6-1 public occupancy; or
6-2 (10) construction standards for public works located
6-3 on public lands or easements.
6-4 Sec. 245.005. DORMANT PROJECTS. Notwithstanding any other
6-5 provision of this chapter, after the first anniversary of the
6-6 effective date of this chapter, a regulatory agency may enact an
6-7 ordinance, rule, or regulation that places an expiration date on a
6-8 permit if as of the first anniversary of the effective date of this
6-9 chapter: (i) the permit does not have an expiration date; and (ii)
6-10 no progress has been made towards completion of the project. Any
6-11 ordinance, rule, or regulation enacted pursuant to this section
6-12 shall place an expiration date of no earlier than the fifth
6-13 anniversary of the effective date of this chapter. Progress
6-14 towards completion of the project shall include any one or more of
6-15 the following:
6-16 (1) an application for a final plat or plan is
6-17 submitted to a regulatory agency;
6-18 (2) a good-faith attempt is made to file with a
6-19 regulatory agency an application for a permit necessary to begin or
6-20 continue towards completion of the project;
6-21 (3) costs have been incurred for developing the
6-22 project including, without limitation, costs associated with
6-23 roadway, utility, and other infrastructure facilities designed to
6-24 serve, in whole or in part, the project (but exclusive of land
6-25 acquisition) in the aggregate amount of five percent of the most
6-26 recent appraised market value of the real property on which the
6-27 project is located;
7-1 (4) fiscal security is posted with a regulatory agency
7-2 to ensure performance of an obligation required by the regulatory
7-3 agency; or
7-4 (5) utility connection fees or impact fees for the
7-5 project have been paid to a regulatory agency.
7-6 Sec. 245.006. ENFORCEMENT OF CHAPTER. This chapter may be
7-7 enforced only through mandamus or declaratory or injunctive relief.
7-8 SECTION 3. EFFECT OF PRIOR LAW. (a) The repeal of
7-9 Subchapter I, Chapter 481, Government Code, by Section 51(b),
7-10 Chapter 1041, Acts of the 75th Legislature, Regular Session, 1997,
7-11 and any actions taken by a regulatory agency for the issuance of a
7-12 permit, as those terms are defined by Section 245.001, Local
7-13 Government Code, as added by Section 2 of this Act, after that
7-14 repeal and before the effective date of this Act, shall not cause
7-15 or require the expiration or termination of a project, permit, or
7-16 series of permits to which Section 2 of this Act applies. An
7-17 action by a regulatory agency that violates this section is void to
7-18 the extent necessary to give effect to this section.
7-19 (b) This Act does not affect the rights or remedies of any
7-20 person or entity under a final judgment rendered by a court before
7-21 the effective date of this Act, or in any litigation pending in a
7-22 court on the effective date of this Act, involving an
7-23 interpretation of Subchapter I, Chapter 481, Government Code, as it
7-24 existed before its repeal by the 75th Legislature.
7-25 SECTION 4. CONSTRUCTION OF ACT. Nothing in this Act shall
7-26 be construed to apply to a condition or provision of an ordinance,
7-27 rule, or regulation that is enacted by a regulatory agency, as that
8-1 term is defined by Section 245.001, Local Government Code, as added
8-2 by Section 2 of this Act, which is specifically required by
8-3 uniformly applicable regulations adopted by a state agency after
8-4 the effective date of this Act.
8-5 SECTION 5. EFFECT ON COASTAL ZONE MANAGEMENT ACT. Nothing
8-6 in this Act shall be construed to:
8-7 (1) limit or otherwise affect the authority of a
8-8 municipality, a county, another political subdivision, the state,
8-9 or an agency of the state, with respect to the implementation or
8-10 enforcement of an ordinance, a rule, or a statutory standard of a
8-11 program, plan, or ordinance that was adopted under the federal
8-12 Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et
8-13 seq.) or its subsequent amendments or Subtitle E, Title 2, Natural
8-14 Resources Code; or
8-15 (2) apply to a permit, order, rule, regulation, or
8-16 other action issued, adopted, or undertaken by a municipality, a
8-17 county, another political subdivision, the state, or an agency of
8-18 the state in connection with the federal Coastal Zone Management
8-19 Act of 1972 (16 U.S.C. Section 1451 et seq.) or its subsequent
8-20 amendments or Subtitle E, Title 2, Natural Resources Code.
8-21 SECTION 6. EMERGENCY. The importance of this legislation
8-22 and the crowded condition of the calendars in both houses create an
8-23 emergency and an imperative public necessity that the
8-24 constitutional rule requiring bills to be read on three several
8-25 days in each house be suspended, and this rule is hereby suspended,
8-26 and that this Act take effect and be in force from and after its
8-27 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1704 was passed by the House on April
21, 1999, by the following vote: Yeas 140, Nays 5, 3 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1704 was passed by the Senate on
April 29, 1999, by the following vote: Yeas 26, Nays 3.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor