BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 848

                                                                                                                                By: Shapiro et al.

Intergovernmental Relations

3/21/2005

As Filed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

The 76th Texas Legislature, Regular Session, 1999, enacted H.B. 1704, which prohibited retroactive rulemaking.  The law, codified as Chapter 245, Local Government Code, states that the right to develop a project under existing regulations vests at the time the landowner files the first permit application. 

As proposed, S.B. 848 specifically defines and determines what "filed" means as it relates to city applications for land development permits.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subdivision (1), Section 245.001, Local Government Code, to redefine "permit."

SECTION 2.  Amends Section 245.002, Local Government Code, by amending Subsection (a) and adding Subsection (a-1), to read as follows:

(a)  Requires each regulatory agency to consider the approval, disapproval, or conditional approval of an application for a permit solely on the basis of any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect at the time that the original application for the permit is filed for review for any purpose, including review for administrative completeness; or a plan for development of real property is filed with a regulatory agency.

(a-1)  Sets forth that rights to which a permit applicant is entitled under this chapter accrue on filing of an original application or plan of development that gives the regulatory agency fair notice of the project and the nature of the permit sought.  Sets forth that an application or plan is considered filed on the date the applicant delivers the application or plan to the regulatory agency or deposits the application or plan with the United States Postal Service by certified mail addressed to the regulatory agency.  Sets forth that a certified mail receipt obtained by the applicant at the time of deposit is prima facie evidence of the date the application or plan was deposited with the United States Postal Service.

SECTION 3.  Effective date:  upon passage or September 1, 2005.