By: Shapiro, Eltife, Seliger S.B. No. 848
(In the Senate - Filed March 1, 2005; March 10, 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 4, Nays 1;
April 6, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 848 By: Deuell
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 service from a utility owned,
operated, or controlled by the regulatory agency, or other form of
authorization 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 shall be construed to provide for the
accrual of rights to develop property under regulations in effect
at a time certain; provided, however, that nothing in this Act shall
be construed to prohibit a regulatory agency from requiring
compliance with technical requirements relating to the form and
content of an application after the applicant's development rights
have accrued pursuant to Subsection (a-1), Section 245.002, Local
Government Code, as added by this Act, if such requirements are in
effect at the time the application is filed.
SECTION 4. 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.
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