By: Workman H.B. No. 3090
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to uniformity of requirements of certain municipal
  regulations to local permits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 245.002, Local Government Code, is
  amended to read as follows:
         Section 245.002, Local Government Code, is amended to read as
  follows:
               (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 or plat
  application is filed with a regulatory agency.
         (a)  Rights to which a permit applicant is entitled under
  this chapter accrue on the filing of an original application or plan
  for development or plat application 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.
         (b)  If a series of permits is required for a project, the
  orders, regulations, ordinances, rules, expiration dates, or other
  properly adopted requirements in effect at the time the original
  application for the first permit in that series is filed shall be
  the sole basis for consideration of all subsequent permits required
  for the completion of the project.  All permits, and any revisions
  or modifications thereto, required for the project are considered
  to be a single series of permits.  Preliminary plans and related
  subdivision plats, site plans, and all other development permits
  for land covered by the preliminary plans or subdivision plats are
  considered collectively to be one series of permits for a project.
         (c)  After an application for a project is filed, a
  regulatory agency may not shorten the duration of any permit
  required for the project.
         (d)  Notwithstanding any provision of this chapter to the
  contrary, a permit holder may take advantage of recorded
  subdivision plat notes, recorded restrictive covenants required by
  a regulatory agency, [or] a change to the laws, rules, regulations,
  or ordinances of a regulatory agency that enhance or protect the
  project, or a change to the zoning or property classification that
  adds or alters allowable uses of the property related to the
  project, including changes that lengthen the effective life of the
  permit after the date the application for the permit was made,
  without forfeiting any rights under this chapter.
         (e)  A regulatory agency may provide that a permit
  application expires on or after the 45th day after the date the
  application is filed if:
               (1)  the applicant fails to provide documents or other
  information necessary to comply with the agency's technical
  requirements relating to the form and content of the permit
  application;
               (2)  the agency provides to the applicant not later
  than the 10th business day after the date the application is filed
  written notice of the failure th
  at specifies the necessary
  documents or other information and the date the application will
  expire if the documents or other information is not provided; and
               (3)  the applicant fails to provide the specified
  documents or other information within the time provided in the
  notice.
         (f)  This chapter does not prohibit a regulatory agency from
  requiring compliance with technical requirements relating to the
  form and content of an application in effect at the time the
  application was filed even though the application is filed after
  the date an applicant accrues rights under Subsection (a-1).
         (g)  Notwithstanding Section 245.003, the change in law made
  to Subsection (a) and the addition of Subsections (a-1), (e), and
  (f) by S.B. No. 848, Acts of the 79th Legislature, Regular Session,
  2005, apply only to a project commenced on or after the effective
  date of that Act.
         SECTION 2.  The change in law made by this act applies to any
  project in progress before or commenced after the effective date of
  this Act.
         SECTION 3.  This Act takes effect September 1, 2013.