1-1 By: Shapiro, et al. S.B. No. 679 1-2 (In the Senate - Filed February 24, 1999; February 25, 1999, 1-3 read first time and referred to Committee on State Affairs; 1-4 April 15, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; April 15, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 679 By: Lucio 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the approval of certain permit applications by local 1-11 governments. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. FINDINGS; INTENT. (a) The legislature finds 1-14 that the former Subchapter I, Chapter 481, Government Code, 1-15 relating to state and local permits, originally enacted by Section 1-16 1, Chapter 374, Acts of the 70th Legislature, Regular Session, 1-17 1987, and subsequently amended by Section 3.01, Chapter 4, Acts of 1-18 the 71st Legislature, Regular Session, 1989, Section 2, Chapter 1-19 118, Acts of the 71st Legislature, Regular Session, 1989, and 1-20 Section 1, Chapter 794, Acts of the 74th Legislature, Regular 1-21 Session, 1995, was inadvertently repealed by Subsection (b), 1-22 Section 51, Chapter 1041, Acts of the 75th Legislature, Regular 1-23 Session, 1997. 1-24 (b) The legislature finds that the repeal of former 1-25 Subchapter I, Chapter 481, Government Code, which became effective 1-26 September 1, 1997, resulted in the reestablishment of 1-27 administrative and legislative practices that often result in 1-28 unnecessary governmental regulatory uncertainty that inhibits the 1-29 economic development of the state and increases the cost of housing 1-30 and other forms of land development and often resulted in the 1-31 repeal of previously approved permits, causing decreased property 1-32 and related values and failed projects. 1-33 (c) The legislature finds that the restoration of 1-34 requirements relating to the processing and issuance of permits and 1-35 approvals by local governmental regulatory agencies is necessary to 1-36 minimize to the extent possible the effect of the inadvertent 1-37 repeal of the former Subchapter I, Chapter 481, Government Code, 1-38 and to safeguard the general economy and welfare of the state and 1-39 to protect property rights. 1-40 (d) It is the intent of the legislature that no project, 1-41 permit, or series of permits that was protected by former 1-42 Subchapter I, Chapter 481, Government Code, be prejudiced by or 1-43 required or allowed to expire because of the repeal of former 1-44 Subchapter I or an action taken by a regulatory agency after the 1-45 repeal. 1-46 SECTION 2. AMENDMENT. Subtitle C, Title 7, Local Government 1-47 Code, is amended by adding Chapter 245 to read as follows: 1-48 CHAPTER 245. ISSUANCE OF LOCAL PERMITS 1-49 Sec. 245.001. DEFINITIONS. In this chapter: 1-50 (1) "Permit" means a license, certificate, approval, 1-51 registration, consent, permit, or other form of authorization 1-52 required by law, rule, regulation, order, or ordinance that a 1-53 person must obtain to perform an action or initiate, continue, or 1-54 complete a project for which the permit is sought. 1-55 (2) "Political subdivision" means a political 1-56 subdivision of the state, including a county, a school district, or 1-57 a municipality. 1-58 (3) "Project" means an endeavor over which a 1-59 regulatory agency exerts its jurisdiction and for which one or more 1-60 permits are required to initiate, continue, or complete the 1-61 endeavor. 1-62 (4) "Regulatory agency" means the governing body of, 1-63 or a bureau, department, division, board, commission, or other 1-64 agency of, a political subdivision acting in its capacity of 2-1 processing, approving, or issuing a permit. 2-2 Sec. 245.002. UNIFORMITY OF REQUIREMENTS. (a) Each 2-3 regulatory agency shall consider the approval, disapproval, or 2-4 conditional approval of an application for a permit solely on the 2-5 basis of any orders, regulations, ordinances, rules, expiration 2-6 dates, or other properly adopted requirements in effect at the time 2-7 the original application for the permit is filed. 2-8 (b) If a series of permits is required for a project, the 2-9 orders, regulations, ordinances, rules, expiration dates, or other 2-10 properly adopted requirements in effect at the time the original 2-11 application for the first permit in that series is filed shall be 2-12 the sole basis for consideration of all subsequent permits required 2-13 for the completion of the project. All permits required for the 2-14 project are considered to be a single series of permits. 2-15 Preliminary plans and related subdivision plats, site plans, and 2-16 all other development permits for land covered by the preliminary 2-17 plans or subdivision plats are considered collectively to be one 2-18 series of permits for a project. 2-19 (c) After an application for a project is filed, a 2-20 regulatory agency may not shorten the duration of any permit 2-21 required for the project. 2-22 (d) Notwithstanding any provision of this chapter to the 2-23 contrary, a permit holder may take advantage of recorded 2-24 subdivision plat notes, recorded restrictive covenants required by 2-25 a regulatory agency, or a change to the laws, rules, regulations, 2-26 or ordinances of a regulatory agency that enhance or protect the 2-27 project, including changes that lengthen the effective life of the 2-28 permit after the date the application for the permit was made, 2-29 without forfeiting any rights under this chapter. 2-30 Sec. 245.003. APPLICABILITY OF CHAPTER. This chapter 2-31 applies only to a project in progress on or commenced after 2-32 September 1, 1997. For purposes of this chapter a project was in 2-33 progress on September 1, 1997, if: 2-34 (1) before September 1, 1997: 2-35 (A) a regulatory agency approved or issued one 2-36 or more permits for the project; or 2-37 (B) an application for a permit for the project 2-38 was filed with a regulatory agency; and 2-39 (2) on or after September 1, 1997, a regulatory agency 2-40 enacts, enforces, or otherwise imposes: 2-41 (A) an order, regulation, ordinance, or rule 2-42 that in effect retroactively changes the duration of a permit for 2-43 the project; 2-44 (B) a deadline for obtaining a permit required 2-45 to continue or complete the project that was not enforced or did 2-46 not apply to the project before September 1, 1997; or 2-47 (C) any requirement for the project that was not 2-48 applicable to or enforced on the project before September 1, 1997. 2-49 Sec. 245.004. EXEMPTIONS. This chapter does not apply to: 2-50 (1) a permit that is at least two years old, is issued 2-51 for the construction of a building or structure intended for human 2-52 occupancy or habitation, and is issued under laws, ordinances, 2-53 procedures, rules, or regulations adopting only: 2-54 (A) uniform building, fire, electrical, 2-55 plumbing, or mechanical codes adopted by a recognized national code 2-56 organization; or 2-57 (B) local amendments to those codes enacted 2-58 solely to address imminent threats of destruction of property or 2-59 injury to persons; 2-60 (2) municipal zoning regulations that do not affect 2-61 lot size, lot dimensions, lot coverage, or building size; 2-62 (3) in a municipality that does not have zoning, 2-63 regulations that specifically control only the use of land; 2-64 (4) regulations for the location of adult-oriented 2-65 businesses; 2-66 (5) municipal or county ordinances, rules, 2-67 regulations, or other requirements affecting colonias; 2-68 (6) fees imposed in conjunction with development 2-69 permits; 3-1 (7) regulations for annexation; 3-2 (8) regulations for utility connections; 3-3 (9) regulations to prevent imminent destruction of 3-4 property or injury to persons, including regulations enacted to 3-5 prevent the flooding of buildings intended for human occupancy; or 3-6 (10) construction standards for public works located 3-7 on public lands or easements. 3-8 Sec. 245.005. ENFORCEMENT OF CHAPTER. This chapter may be 3-9 enforced only through mandamus or declaratory or injunctive relief. 3-10 SECTION 3. EFFECT OF PRIOR LAW. (a) The repeal of 3-11 Subchapter I, Chapter 481, Government Code, by Subsection (b), 3-12 Section 51, Chapter 1041, Acts of the 75th Legislature, Regular 3-13 Session, 1997, and any actions taken by a regulatory agency for the 3-14 issuance of a permit, as those terms are defined by Section 3-15 245.001, Local Government Code, as added by Section 2 of this Act, 3-16 after that repeal and before the effective date of this Act, shall 3-17 not cause or require the expiration or termination of a project, 3-18 permit, or series of permits to which Section 2 of this Act 3-19 applies. An action by a regulatory agency that violates this 3-20 section is void to the extent necessary to give effect to this 3-21 section. 3-22 (b) This Act does not affect the rights or remedies of any 3-23 person or entity under a final judgment rendered by a court before 3-24 the effective date of this Act, or in any litigation pending in a 3-25 court on the effective date of this Act, involving an 3-26 interpretation of Subchapter I, Chapter 481, Government Code, as it 3-27 existed before its repeal by the 75th Legislature. 3-28 SECTION 4. EMERGENCY. The importance of this legislation and 3-29 the crowded condition of the calendars in both houses create an 3-30 emergency and an imperative public necessity that the 3-31 constitutional rule requiring bills to be read on three several 3-32 days in each house be suspended, and this rule is hereby suspended, 3-33 and that this Act take effect and be in force from and after its 3-34 passage, and it is so enacted. 3-35 * * * * *