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