H.B. No. 2130




AN ACT
relating to the exemptions from requirements applicable to local permits. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 245.004, Local Government Code, is amended to read as follows: Sec. 245.004. EXEMPTIONS. This chapter does not apply to: (1) a permit that is at least two years old, is issued for the construction of a building or structure intended for human occupancy or habitation, and is issued under laws, ordinances, procedures, rules, or regulations adopting only: (A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; or (B) local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons; (2) municipal zoning regulations that do not affect lot size, lot dimensions, lot coverage, or building size or that do not change development permitted by a restrictive covenant required by a municipality; (3) regulations that specifically control only the use of land in a municipality that does not have zoning and that do not affect lot size, lot dimensions, lot coverage, or building size; (4) regulations for sexually oriented businesses; (5) municipal or county ordinances, rules, regulations, or other requirements affecting colonias; (6) fees imposed in conjunction with development permits; (7) regulations for annexation; (8) regulations for utility connections; (9) regulations to prevent imminent destruction of property or injury to persons from flooding that are [, including regulations] effective only within a flood plain established by a federal flood control program and enacted to prevent the flooding of buildings intended for public occupancy; [or] (10) construction standards for public works located on public lands or easements; or (11) regulations to prevent the imminent destruction of property or injury to persons if the regulations do not: (A) affect lot size, lot dimensions, lot coverage, building size, residential or commercial density, or the timing of a project; or (B) change development permitted by a restrictive covenant required by a municipality. SECTION 2. This section applies only to a project, as defined by Chapter 245, Local Government Code, in progress on the date a water district or authority with regional management and regulatory authority over groundwater withdrawals within all or part of at least five counties adopts any rule requiring a permit or authorization for a project to improve or develop land. A project is considered in progress if a permit or other form of authorization establishing vested rights for the project pursuant to Chapter 245, Local Government Code, was in effect in the area of the authority's jurisdiction as of the rule's adoption date, whether before, on, or after the effective date of this Act. A district or authority may not impose permit requirements on or otherwise regulate a project in progress as described by this section. This section supersedes any other applicable law to the extent of any conflict. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2130 was passed by the House on May 1, 2003, by the following vote: Yeas 142, Nays 0, 2 present, not voting; and that the House concurred in Senate amendments to H.B. No. 2130 on May 26, 2003, by the following vote: Yeas 79, Nays 51, 2 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 2130 was passed by the Senate, with amendments, on May 23, 2003, by the following vote: Yeas 29, Nays 1. ______________________________ Secretary of the Senate APPROVED: __________________ Date __________________ Governor