| By: Workman | H.B. No. 3090 | |
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| 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, [ |
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| 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. | ||