2005S0297-1  02/18/05


By:  Shapiro, Eltife                                              S.B. No. 848
 
    Madla, Seliger                                                           


A BILL TO BE ENTITLED

AN ACT

relating to the approval of certain permit applications by local 
governments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subdivision (1), Section 245.001, Local 
Government Code, is amended to read as follows:
		(1)  "Permit" means a license, certificate, approval, 
registration, consent, permit, contract or other agreement for the 
construction or provision of utilities, or any other form of 
authorization or condition precedent required by law, rule, 
regulation, order, or ordinance that a person must obtain to 
perform an action or initiate, continue, or complete a project for 
which the permit is sought.
	SECTION 2.  Section 245.002, Local Government Code, is 
amended by amending Subsection (a) and adding Subsection (a-1), to 
read as follows:
	(a)  Each regulatory agency shall 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:
		(1)  the original application for the permit is filed 
for review for any purpose, including review for administrative 
completeness; or
		(2)  a plan for development of real property is filed 
with a regulatory agency.
	(a-1)  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.  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.  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.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.