S.B. No. 574
AN ACT
relating to requirements for the issuance of land development 
permits by political subdivisions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 245.004, 245.005, and 245.006, Local 
Government Code, are 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 
landscaping or tree preservation, open space or park dedication, 
property classification, 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 landscaping or tree preservation, open space or park 
dedication, 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 that do not affect 
landscaping or tree preservation or open space or park dedication;
		(8)  regulations for utility connections;                                     
		(9)  regulations to prevent imminent destruction of 
property or injury to persons from flooding that are 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;
		(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 landscaping or tree preservation, 
open space or park dedication, 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.
	Sec. 245.005.  DORMANT PROJECTS.  (a)  After 
[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.
	(b)  A regulatory agency may enact an ordinance, rule, or 
regulation that places an expiration date of not less than two years 
on an individual permit if no progress has been made towards 
completion of the project.  Notwithstanding any other provision of 
this chapter, any ordinance, rule, or regulation enacted pursuant 
to this section shall place an expiration date on a project of no 
earlier than the fifth anniversary of the date the first permit 
application was filed for the project if no progress has been made 
towards completion of the project.  Nothing in this subsection 
shall be deemed to affect the timing of a permit issued solely under 
the authority of Chapter 366, Health and Safety Code, by the Texas 
Commission on Environmental Quality or its authorized agent.
	(c)  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.
	Sec. 245.006.  ENFORCEMENT OF CHAPTER.  (a)  This chapter 
may be enforced only through mandamus or declaratory or injunctive 
relief.
	(b)  A political subdivision's immunity from suit is waived 
in regard to an action under this chapter.
	SECTION 2.  (a)  Section 245.004, Local Government Code, as 
amended by this Act, applies to a permit where a person files a 
permit application and demonstrates progress towards completion of 
a project before, on, or after September 1, 2005.
	(b)  Subsection (b), Section 245.005, Local Government Code, 
as amended by this Act, applies to a permit where a person files a 
permit application on or after September 1, 2005.
	(c)  Section 245.006, Local Government Code, as amended by 
this Act, applies to a suit pending before a trial court on, or 
filed on or after, September 1, 2005.
	SECTION 3.  This Act takes effect September 1, 2005.                           
                                                                              
______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 574 passed the Senate on 
April 14, 2005, by the following vote:  Yeas 30, Nays 1; and that 
the Senate concurred in House amendments on April 29, 2005, by the 
following vote:  Yeas 28, Nays 1.
______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 574 passed the House, with 
amendments, on April 27, 2005, by a non-record vote.
______________________________ 
   Chief Clerk of the House            
Approved:
______________________________ 
            Date
______________________________ 
          Governor