By Walker H.B. No. 2951
77R8063 ATP-D
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(3), Local Government Code, is
1-6 amended to read as follows:
1-7 (3) "Project" means an endeavor, including the
1-8 subdivision of land for development, over which a regulatory agency
1-9 exerts its jurisdiction and for which one or more permits are
1-10 required to initiate, continue, or complete the endeavor. A
1-11 project for the subdivision of land for development includes all of
1-12 the land within a preliminary plat, final plat, preliminary plan,
1-13 site plan, or planned unit development, and includes all uses
1-14 permitted by the applicable land use regulations.
1-15 SECTION 2. Section 245.002, Local Government Code, is amended
1-16 by amending Subsection (b) and adding Subsection (e) to read as
1-17 follows:
1-18 (b) If a series of permits is required for a project, the
1-19 orders, regulations, ordinances, rules, expiration dates, or other
1-20 properly adopted requirements in effect at the time the original
1-21 application for the first permit in that series is filed shall be
1-22 the sole basis for consideration of all subsequent permits required
1-23 for the completion of the project. All permits required for the
1-24 project are considered to be a single series of permits.
2-1 Preliminary plans and related subdivision plats, preliminary plats,
2-2 site plans, planned unit developments, and all other development
2-3 permits for land covered by the preliminary plans, [or] subdivision
2-4 plats, preliminary plats, site plans, or planned unit developments
2-5 are considered collectively to be one series of permits for a
2-6 project.
2-7 (e) A change in the specific use of all or a portion of the
2-8 land within a preliminary plat, final plat, preliminary plan, site
2-9 plan, or planned unit development is not a new project requiring
2-10 one or more additional permits if the new use is permitted by right
2-11 or under special conditions or approval under the land use
2-12 regulations.
2-13 SECTION 3. Section 245.004, Local Government Code, is amended
2-14 to read as follows:
2-15 Sec. 245.004. EXEMPTIONS. This chapter does not apply to:
2-16 (1) a permit that is at least two years old, is issued
2-17 for the construction of a building or structure intended for human
2-18 occupancy or habitation, and is issued under laws, ordinances,
2-19 procedures, rules, or regulations adopting only:
2-20 (A) uniform building, fire, electrical,
2-21 plumbing, or mechanical codes adopted by a recognized national code
2-22 organization; or
2-23 (B) local amendments to those codes enacted
2-24 solely to address imminent threats of destruction of property or
2-25 injury to persons;
2-26 (2) municipal zoning regulations that do not affect
2-27 lot size, lot dimensions, lot coverage, or building size, that do
3-1 not affect development regulations under a planned unit
3-2 development, or that do not change development permitted by a
3-3 restrictive covenant required by a municipality;
3-4 (3) regulations that specifically control only the use
3-5 of land in a municipality that does not have zoning and that do not
3-6 affect lot size, lot dimensions, lot coverage, or building size;
3-7 (4) regulations for sexually oriented businesses;
3-8 (5) municipal or county ordinances, rules,
3-9 regulations, or other requirements affecting colonias;
3-10 (6) fees imposed in conjunction with development
3-11 permits;
3-12 (7) regulations for annexation;
3-13 (8) regulations for utility connections;
3-14 (9) regulations to prevent imminent destruction of
3-15 property or injury to persons, including regulations effective only
3-16 within a flood plain established by a federal flood control program
3-17 and enacted to prevent the flooding of buildings intended for
3-18 public occupancy; or
3-19 (10) construction standards for public works located
3-20 on public lands or easements.
3-21 SECTION 4. This Act takes effect immediately if it receives
3-22 a vote of two-thirds of all the members elected to each house, as
3-23 provided by Section 39, Article III, Texas Constitution. If this
3-24 Act does not receive the vote necessary for immediate effect, this
3-25 Act takes effect September 1, 2001.