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A BILL TO BE ENTITLED
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AN ACT
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relating to a limitation on causes of action related to permits |
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issued by political subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 16, Civil Practice and |
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Remedies Code, is amended by adding Section 16.013 to read as |
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follows: |
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Sec. 16.013. LIMITATIONS RELATED TO ACTIONS ARISING UNDER |
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LOCAL PERMITS. A person must bring a suit in a cause of action |
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arising from a claim of rights arising from a permit issued by a |
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local government, including but not limited to a permit governed by |
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Chapter 245, Local Government Code, not later than the fifth |
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anniversary of the date that the person submitted to the local |
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governmental entity, as applicable: |
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(1) an original application for: |
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(A) a permit; or |
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(B) the first permit in a series of permits; or |
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(2) a plan for development or a plat application that |
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gives the local government fair notice of the project and the nature |
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of the permit sought. |
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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, 2009. |