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.