78R9901 DRH-D


By:  Kuempel                                                      H.B. No. 2130

Substitute the following for H.B. No. 2130:                                   

By:  Goolsby                                                  C.S.H.B. No. 2130



A BILL TO BE ENTITLED

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 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.