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A BILL TO BE ENTITLED
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AN ACT
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relating to the notice of the project given with the filing of |
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certain permit applications with local regulatory agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a-1), Section 245.002, is amended to |
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read as follows: |
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(a-1) Rights to which a permit applicant is entitled under |
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this chapter accrue on the filing of an original application or plan |
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for development or plat application that gives the regulatory |
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agency [fair] notice of the project and the nature of the permit |
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sought. To give notice, the applicant shall provide to the |
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regulatory agency a written summary describing the project and the |
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land encompassed within the project, including only the following: |
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the nature of the permit sought; a depiction of existing and |
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proposed buildings and their location; number of acres or square |
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feet; existing and proposed zoning and uses; tax parcel numbers; |
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existing or pending zoning cases, restrictive covenants or site |
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plans; name, address and telephone number of owner or owner's |
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agent; whether the project is adjacent to or has access to a |
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principal roadway; legal description of the project; scope and |
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nature of the project; and rules and regulations the applicant |
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seeks to apply to the project. An application or plan is considered |
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filed on the date the applicant delivers the application or plan to |
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the regulatory agency or deposits the application or plan with the |
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United States Postal Service by certified mail addressed to the |
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regulatory agency. A certified mail receipt obtained by the |
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applicant at the time of deposit is prima facie evidence of the date |
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the application or plan was deposited with the United States Postal |
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Service. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |