By Kuempel H.B. No. 1704 76R6662 DRH-F A BILL TO BE ENTITLED 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finds 1-6 that the former Subchapter I, Chapter 481, Government Code, 1-7 relating to state and local permits, originally enacted by Section 1-8 1, Chapter 374, Acts of the 70th Legislature, Regular Session, 1-9 1987, and subsequently amended by Section 3.01, Chapter 4, Acts of 1-10 the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1989, and 1-12 Section 1, Chapter 794, Acts of the 74th Legislature, Regular 1-13 Session, 1995, was inadvertently repealed by Section 51(b), Chapter 1-14 1041, Acts of the 75th Legislature, Regular Session, 1997. 1-15 (b) The legislature finds that the repeal of former 1-16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 a change to the 4-1 laws, rules, regulations, or ordinances of a regulatory agency that 4-2 enhance or protect the project, including changes that lengthen the 4-3 effective life of the permit after the date the application for the 4-4 permit was made, without forfeiting any rights under this chapter. 4-5 Sec. 245.003. APPLICABILITY OF CHAPTER. This chapter 4-6 applies only to a project in progress on or commenced after 4-7 September 1, 1997. For purposes of this chapter: 4-8 (1) a project is in progress on September 1, 1997, if 4-9 50 percent or more of the project was finally platted or if 4-10 substantial infrastructure was installed for the project before 4-11 September 1, 1997, and the project was not complete on that date; 4-12 and 4-13 (2) a project is commenced on or after September 1, 4-14 1997, if, on or after September 1, 1997, an application for the 4-15 first permit for the project is filed with a regulatory agency. 4-16 Sec. 245.004. EXEMPTIONS. This chapter does not apply to: 4-17 (1) a permit that is at least two years old, is issued 4-18 for the construction of a building or structure intended for human 4-19 occupancy or habitation, and is issued under laws, ordinances, 4-20 procedures, rules, or regulations adopting only: 4-21 (A) uniform building, fire, electrical, 4-22 plumbing, or mechanical codes adopted by a recognized national code 4-23 organization; or 4-24 (B) local amendments to those codes enacted 4-25 solely to address imminent threats of destruction of property or 4-26 injury to persons; 4-27 (2) municipal zoning regulations that do not affect 5-1 lot size, lot dimensions, lot coverage, or building size; 5-2 (3) regulations for the location of adult-oriented 5-3 businesses; 5-4 (4) municipal or county ordinances, rules, 5-5 regulations, or other requirements affecting colonias; 5-6 (5) fees imposed in conjunction with development 5-7 permits; 5-8 (6) regulations for annexation; 5-9 (7) regulations for utility connections; 5-10 (8) regulations to prevent imminent destruction of 5-11 property or injury to persons; or 5-12 (9) construction standards for public works located on 5-13 public lands or easements. 5-14 Sec. 245.005. ENFORCEMENT OF CHAPTER. This chapter may be 5-15 enforced only through mandamus or declaratory or injunctive relief. 5-16 SECTION 3. EFFECT OF PRIOR LAW. (a) The repeal of 5-17 Subchapter I, Chapter 481, Government Code, by Section 51(b), 5-18 Chapter 1041, Acts of the 75th Legislature, Regular Session, 1997, 5-19 and any actions taken by a regulatory agency for the issuance of a 5-20 permit, as those terms are defined by Section 245.001, Local 5-21 Government Code, as added by Section 2 of this Act, after that 5-22 repeal and before the effective date of this Act, shall not cause 5-23 or require the expiration or termination of a project, permit, or 5-24 series of permits to which Section 2 of this Act applies that would 5-25 not have expired or been terminated had that subchapter not been 5-26 repealed. An action by a regulatory agency that violates this 5-27 section is void to the extent necessary to give effect to this 6-1 section. 6-2 (b) This Act does not affect the rights or remedies of any 6-3 person or entity under a final judgment rendered by a court before 6-4 the effective date of this Act, or in any litigation pending in a 6-5 court on the effective date of this Act, involving an 6-6 interpretation of Subchapter I, Chapter 481, Government Code, as it 6-7 existed before its repeal by the 75th Legislature. 6-8 SECTION 4. EMERGENCY. The importance of this legislation 6-9 and the crowded condition of the calendars in both houses create an 6-10 emergency and an imperative public necessity that the 6-11 constitutional rule requiring bills to be read on three several 6-12 days in each house be suspended, and this rule is hereby suspended, 6-13 and that this Act take effect and be in force from and after its 6-14 passage, and it is so enacted.