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79R6015 ATP-D

By:  Riddle                                                       H.B. No. 2270



A BILL TO BE ENTITLED

AN ACT

relating to the notification of persons affected by a construction 
project. 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle C, Title 7, Local Government Code, is 
amended by adding Chapter 247 to read as follows:
	CHAPTER 247.  NOTIFICATION OF CONSTRUCTION PROJECT
	Sec. 247.001.  DEFINITIONS.  In this chapter:                           
		(1)  "Project" means the construction of a facility or 
other improvement to real property for which a political 
subdivision enters into a contract or requires a person to obtain a 
permit.
		(2)  "Sponsor" means a political subdivision that 
enters into a contract for the construction of a project or issues a 
permit required for the construction of a project.
	Sec. 247.002.  PERSONS AFFECTED BY PROJECT.  A political 
subdivision by order or ordinance shall determine which persons are 
considered affected by a project.  In making the determination, a 
political subdivision shall consider whether:
		(1)  a person resides or owns property near the 
property on which the facility or improvement will be constructed;
		(2)  a person's safety will be adversely affected by the 
construction;
		(3)  the value of a person's property may be adversely 
affected by the construction;
		(4)  a person's business may be adversely affected by 
the construction; and
		(5)  a person may be adversely affected by 
environmental changes, including air, water, or noise pollution, 
caused by the construction.
	Sec. 247.003.  NOTICE TO AFFECTED PERSONS.  (a)  Except as 
provided by Subsection (b), a sponsor shall give notice by mail to 
each person considered affected by a project under Section 247.002 
before the construction begins.
	(b)  A sponsor may require the person to whom the sponsor 
issues a permit or with whom the sponsor contracts for the 
construction to provide the required notice under this section.
	Sec. 247.004.  INJUNCTION.  A person who is not given notice 
of a project may bring suit in district court to enjoin the 
construction of a project until the sponsor gives notice to each 
person who is entitled to notice under Section 247.003 or who 
qualifies as an affected person under the criteria established by 
the political subdivision under Section 247.002.
	SECTION 2.  Chapter 247, Local Government Code, as added by 
this Act, applies only to construction for which a political 
subdivision enters into a contract or issues a permit on or after 
September 1, 2005.  Construction for which a political subdivision 
enters into a contract or issues a permit before September 1, 2005, 
is governed by the law in effect when the contract was executed or 
the permit was issued, and the former law is continued in effect for 
that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.