77R13966 ATP-D
By Walker H.B. No. 2951
Substitute the following for H.B. No. 2951:
By Walker C.S.H.B. No. 2951
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of local permits for land development
1-3 projects.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 245.001, Local Government Code, is amended
1-6 to read as follows:
1-7 Sec. 245.001. DEFINITIONS. In this chapter:
1-8 (1) "Development permit" means a permit required by
1-9 law for the development or sale of land and includes a preliminary
1-10 plat, final plat, replat, preliminary plan, concept plan, general
1-11 development plan, detailed development plan, or site plan.
1-12 (2) "Permit" means a license, certificate, approval,
1-13 registration, consent, permit, or other form of authorization
1-14 required by law, rule, regulation, order, or ordinance that a
1-15 person must obtain to perform an action or initiate, continue, or
1-16 complete a project for which the permit is sought.
1-17 (3) [(2)] "Political subdivision" means a political
1-18 subdivision of the state, including a county, a school district, or
1-19 a municipality.
1-20 (4) [(3)] "Project" means an endeavor, including the
1-21 development of land, over which a regulatory agency exerts its
1-22 jurisdiction and for which one or more permits are required to
1-23 initiate, continue, or complete the endeavor. A project for the
1-24 development of land includes all land subject to a development
2-1 permit and includes all uses permitted by the applicable land use
2-2 regulations.
2-3 (5) [(4)] "Regulatory agency" means the governing body
2-4 of, or a bureau, department, division, board, commission, or other
2-5 agency of, a political subdivision acting in its capacity of
2-6 processing, approving, or issuing a permit.
2-7 SECTION 2. Section 245.002, Local Government Code, is amended
2-8 by amending Subsection (b) and adding Subsection (e) to read as
2-9 follows:
2-10 (b) If a series of permits is required for a project, the
2-11 orders, regulations, ordinances, rules, expiration dates, or other
2-12 properly adopted requirements in effect at the time the original
2-13 application for the first permit in that series is filed shall be
2-14 the sole basis for consideration of all subsequent permits required
2-15 for the completion of the project. All permits required for the
2-16 project are considered to be a single series of permits. All
2-17 development permits required for the development of land
2-18 [Preliminary plans and related subdivision plats, site plans, and
2-19 all other development permits for land covered by the preliminary
2-20 plans or subdivision plats] are considered collectively to be one
2-21 series of permits for a project.
2-22 (e) If a development permit for land is issued by a
2-23 political subdivision, any subsequent permit for the same land or a
2-24 portion of the same land is considered to be issued in connection
2-25 with the same project for which the earlier development permit is
2-26 issued if the use identified in the subsequent permit is permitted
2-27 on the land under the applicable land use regulations. If a change
3-1 in a development permit is requested and approved in connection
3-2 with the development of any of the land subject to the original
3-3 development permit, the project subject to the amended development
3-4 permit is not considered to be a new project solely on the basis of
3-5 the requested change in the development permit. If any portion of
3-6 the land or any portion of an interest in the land subject to the
3-7 development permit is conveyed, the project subject to the
3-8 development permit is not considered to be a new project solely on
3-9 the basis of the conveyance of the land or interest in the land.
3-10 SECTION 3. Section 245.004, Local Government Code, is amended
3-11 to read as follows:
3-12 Sec. 245.004. EXEMPTIONS. This chapter does not apply to:
3-13 (1) a permit that is at least two years old, is issued
3-14 for the construction of a building or structure intended for human
3-15 occupancy or habitation, and is issued under laws, ordinances,
3-16 procedures, rules, or regulations adopting only:
3-17 (A) uniform building, fire, electrical,
3-18 plumbing, or mechanical codes adopted by a recognized national code
3-19 organization; or
3-20 (B) local amendments to those codes enacted
3-21 solely to address imminent threats of destruction of property or
3-22 injury to persons;
3-23 (2) municipal zoning regulations that do not affect
3-24 lot size, lot dimensions, lot coverage, or building size, that do
3-25 not affect development regulations that do not relate to land use,
3-26 or that do not change development permitted by a restrictive
3-27 covenant required by a municipality;
4-1 (3) regulations that specifically control only the use
4-2 of land in a municipality that does not have zoning and that do not
4-3 affect lot size, lot dimensions, lot coverage, or building size;
4-4 (4) regulations for sexually oriented businesses;
4-5 (5) municipal or county ordinances, rules,
4-6 regulations, or other requirements affecting colonias;
4-7 (6) fees imposed in conjunction with development
4-8 permits;
4-9 (7) regulations for annexation;
4-10 (8) regulations for utility connections;
4-11 (9) regulations to prevent imminent destruction of
4-12 property or injury to persons, including regulations effective only
4-13 within a flood plain established by a federal flood control program
4-14 and enacted to prevent the flooding of buildings intended for
4-15 public occupancy; or
4-16 (10) construction standards for public works located
4-17 on public lands or easements.
4-18 SECTION 4. This Act takes effect immediately if it receives
4-19 a vote of two-thirds of all the members elected to each house, as
4-20 provided by Section 39, Article III, Texas Constitution. If this
4-21 Act does not receive the vote necessary for immediate effect, this
4-22 Act takes effect September 1, 2001.