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1-15     relating to state and local permits, originally enacted by Section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1-21     Session, 1995, was inadvertently repealed by Subsection (b),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.
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