78R7234 DRH-F

By:  Van de Putte                                                 S.B. No. 1738



A BILL TO BE ENTITLED

AN ACT

relating to the issuance of local permits in certain counties.                
	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.  (a)  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, 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.
	(b)  This chapter does not apply to permits of a regulatory 
agency for property that is located in a county with a population of 
more than one million for which the primary source of drinking water 
is an underground aquifer.
	SECTION 2.  (a)  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.
	(b)  The change in law made by this Act applies only to a 
permit that is issued on or after the effective date of this Act.  A 
permit issued before the effective date of this Act is governed by 
the law in effect when the permit was issued, and the former law is 
continued in effect for that purpose.