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By: Armbrister S.B. No. 574
(In the Senate - Filed February 17, 2005; March 1, 2005,
read first time and referred to Committee on Intergovernmental
Relations; April 6, 2005, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
April 6, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 574 By: Gallegos
A BILL TO BE ENTITLED
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,
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 a 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.
(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) Sections 245.004 and 245.005, Local
Government Code, as amended by this Act, apply to a person who files
a permit application and demonstrates progress towards completion
of a project before, on, or after September 1, 2005.
(b) 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.
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