79R6042 DRH-D

By:  Leibowitz                                                    H.B. No. 1729



A BILL TO BE ENTITLED

AN ACT

relating to the expiration of certain local permits.                          
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 245.005, Local Government Code, is 
amended to read as follows:
	Sec. 245.005.  DORMANT PROJECTS.  (a)  Notwithstanding any 
other provision of this chapter, after the first anniversary of the 
effective date of this chapter, a regulatory agency may enact an 
ordinance, rule, or regulation that places an expiration date on a 
permit if as of the first anniversary of the effective date of this 
chapter:  (i) the permit does not have an expiration date;  and (ii) 
no progress has been made towards completion of the project.  Any 
ordinance, rule, or regulation enacted pursuant to this subsection 
[section] shall place an expiration date of no earlier than the 
fifth anniversary of the effective date of this chapter.  Progress 
towards completion of the project shall include any one or more of 
the following:
		(1)  an application for a final plat or plan is 
submitted to a regulatory agency;
		(2)  a good-faith attempt is made to file with a 
regulatory agency an application for a permit necessary to begin or 
continue towards completion of the project;
		(3)  costs have been incurred for developing the 
project including, without limitation, costs associated with 
roadway, utility, and other infrastructure facilities designed to 
serve, in whole or in part, the project (but exclusive of land 
acquisition) in the aggregate amount of five percent of the most 
recent appraised market value of the real property on which the 
project is located;
		(4)  fiscal security is posted with a regulatory agency 
to ensure performance of an obligation required by the regulatory 
agency; or
		(5)  utility connection fees or impact fees for the 
project have been paid to a regulatory agency.
	(b)  As a condition of issuance, a regulatory agency that 
issues a permit that relates to a project shall provide that the 
permit expires if five years have passed and no progress is made 
towards completion of the project as determined under the standards 
prescribed by Subsection (a).  The regulatory agency may provide 
that a type of permit expires after a shorter period if no progress 
has been made towards completion.
	SECTION 2.  The change in law made by this Act to Section 
245.005, Local Government Code, applies only to a permit issued on 
or after the effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.