By: Shapiro S.B. No. 679
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the review and approval of certain permits by the
1-2 state, a municipality, or other local governmental agencies.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. FINDINGS; INTENT. (a) The legislature finds
1-5 that the former Subchapter I, Chapter 481, Government Code,
1-6 relating to state and local permits, originally enacted by Section
1-7 1, Chapter 374, Acts of the 70th Legislature, Regular Session,
1-8 1987, and subsequently amended by Section 3.01, Chapter 4, Acts of
1-9 the 71st Legislature, Regular Session, 1989, Section 2, Chapter
1-10 118, Acts of the 71st Legislature, Regular Session, 1989, and
1-11 Section 1, Chapter 794, Acts of the 74th Legislature, Regular
1-12 Session, 1995, was inadvertently repealed by Section 51(b), Chapter
1-13 1041, Acts of the 75th Legislature, Regular Session, 1997.
1-14 (b) The legislature finds that the repeal of former
1-15 Subchapter I, Chapter 481, Government Code, which became effective
1-16 September 1, 1997, resulted in the reestablishment of
1-17 administrative and legislative practices that often result in
1-18 unnecessary governmental regulatory uncertainty that inhibits the
1-19 economic development of the state and increases the cost of housing
1-20 and other forms of land development and often resulted in the
1-21 repeal of previously approved permits causing decreased property
1-22 and related values, bankruptcies, and failed projects.
2-1 (c) The legislature finds that the restoration of
2-2 requirements relating to the processing and issuance of permits and
2-3 approvals by local governmental regulatory agencies is necessary to
2-4 minimize to the extent possible the effect of the inadvertent
2-5 repeal of the former Subchapter I, Chapter 481, Government Code,
2-6 and to safeguard the general economy and welfare of the state and
2-7 to protect property rights.
2-8 (d) It is the intent of the legislature that no project,
2-9 permit, or series of permits that was protected by former
2-10 Subchapter I, Chapter 481, Government Code, be prejudiced by or
2-11 required or allowed to expire because of the repeal of former
2-12 Subchapter I or an action taken by a regulatory agency after the
2-13 repeal.
2-14 SECTION 2. AMENDMENT. Subtitle C, Title 7, Local Government
2-15 Code, is amended by adding Chapter 245 to read as follows:
2-16 CHAPTER 245. ISSUANCE OF LOCAL PERMITS
2-17 Sec. 245.001. DEFINITIONS. In this chapter:
2-18 (1) "Permit" means a license, certificate, approval,
2-19 registration, consent, permit, or other form of authorization
2-20 required by law, rule, regulation, order, or ordinance that a
2-21 person must obtain to perform an action or initiate, continue, or
2-22 complete a project for which the permit is sought.
2-23 (2) "Political subdivision" means a political
2-24 subdivision of the state, including a county, a school district, or
2-25 a municipality.
2-26 (3) "Project" means an endeavor over which a
3-1 regulatory agency exerts its jurisdiction and for which one or more
3-2 permits are required to initiate, continue, or complete the
3-3 endeavor.
3-4 (4) "Regulatory agency" means the governing body of,
3-5 or a bureau, department, division, board, commission, or other
3-6 agency of, a political subdivision acting in its capacity of
3-7 processing, approving, or issuing a permit.
3-8 Sec. 245.002. UNIFORMITY OF REQUIREMENTS. (a) Each
3-9 regulatory agency shall consider the approval, disapproval, or
3-10 conditional approval of an application for a permit solely on the
3-11 basis of any orders, regulations, ordinances, rules, expiration
3-12 dates, or other properly adopted requirements in effect at the time
3-13 the original application for the permit is filed.
3-14 (b) If a series of permits is required for a project, the
3-15 orders, regulations, ordinances, rules, expiration dates, or other
3-16 properly adopted requirements in effect at the time the original
3-17 application for the first permit in that series is filed shall be
3-18 the sole basis for consideration of all subsequent permits required
3-19 for the completion of the project. All permits required for the
3-20 project are considered to be a single series of permits.
3-21 Preliminary plans and related subdivision plats, site plans, and
3-22 all other development permits for land covered by the preliminary
3-23 plans or subdivision plats are considered collectively to be one
3-24 series of permits for a project.
3-25 (c) After an application for a project is filed, a
3-26 regulatory agency may not shorten the duration of any permit
4-1 required for the project.
4-2 (d) Notwithstanding any provision of this chapter to the
4-3 contrary, a permit holder may take advantage of a change to the
4-4 laws, rules, regulations, or ordinances of a regulatory agency that
4-5 enhance or protect the project, including changes that lengthen the
4-6 effective life of the permit after the date the application for the
4-7 permit was made, without forfeiting any rights under this chapter.
4-8 Sec. 245.003. APPLICABILITY OF CHAPTER. This chapter
4-9 applies only to a project in progress on or commenced after
4-10 September 1, 1997. For purposes of this chapter:
4-11 (1) a project is in progress on September 1, 1997, if
4-12 50 percent or more of the project was finally platted or if
4-13 substantial infrastructure was installed for the project before
4-14 September 1, 1997, and the project was not complete on that date;
4-15 and
4-16 (2) a project is commenced on or after September 1,
4-17 1997, if, on or after September 1, 1997, an application for the
4-18 first permit for the project is filed with a regulatory agency.
4-19 Sec. 245.004. EXEMPTIONS. This chapter does not apply to:
4-20 (1) a permit that is at least two years old, is issued
4-21 for the construction of a building or structure intended for human
4-22 occupancy or habitation, and is issued under laws, ordinances,
4-23 procedures, rules, or regulations adopting only:
4-24 (A) uniform building, fire, electrical,
4-25 plumbing, or mechanical codes adopted by a recognized national code
4-26 organization; or
5-1 (B) local amendments to those codes enacted
5-2 solely to address imminent threats of destruction of property or
5-3 injury to persons;
5-4 (2) municipal zoning regulations that do not affect
5-5 lot size, lot dimensions, lot coverage, or building size;
5-6 (3) regulations for the location of adult-oriented
5-7 businesses;
5-8 (4) municipal or county ordinances, rules,
5-9 regulations, or other requirements affecting colonias;
5-10 (5) fees imposed in conjunction with development
5-11 permits;
5-12 (6) regulations for annexation;
5-13 (7) regulations for utility connections;
5-14 (8) regulations to prevent imminent destruction of
5-15 property or injury to persons; or
5-16 (9) construction standards for public works located on
5-17 public lands or easements.
5-18 Sec. 245.005. ENFORCEMENT OF CHAPTER. This chapter may be
5-19 enforced only through mandamus or declaratory or injunctive relief.
5-20 SECTION 3. EFFECT OF PRIOR LAW. (a) The repeal of
5-21 Subchapter I, Chapter 481, Government Code, by Section 51(b),
5-22 Chapter 1041, Acts of the 75th Legislature, Regular Session, 1997,
5-23 and any actions taken by a regulatory agency for the issuance of a
5-24 permit, as those terms are defined by Section 245.001, Local
5-25 Government Code, as added by Section 2 of this Act, after that
5-26 repeal and before the effective date of this Act, shall not cause
6-1 or require the expiration or termination of a project, permit, or
6-2 series of permits to which Section 2 of this Act applies that would
6-3 not have expired or been terminated had that subchapter not been
6-4 repealed. An action by a regulatory agency that violates this
6-5 section is void to the extent necessary to give effect to this
6-6 section.
6-7 (b) This Act does not affect the rights or remedies of any
6-8 person or entity under a final judgment rendered by a court before
6-9 the effective date of this Act, or in any litigation pending in a
6-10 court on the effective date of this Act, involving an
6-11 interpretation of Subchapter I, Chapter 481, Government Code, as it
6-12 existed before its repeal by the 75th Legislature.
6-13 SECTION 4. EMERGENCY. The importance of this legislation
6-14 and the crowded condition of the calendars in both houses create an
6-15 emergency and an imperative public necessity that the
6-16 constitutional rule requiring bills to be read on three several
6-17 days in each house be suspended, and this rule is hereby suspended,
6-18 and that this Act take effect and be in force from and after its
6-19 passage, and it is so enacted.