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A BILL TO BE ENTITLED
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AN ACT
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relating to certain regulatory requirements placing expiration |
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dates on land development permits and the use of land conveyed to |
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the state or a political subdivision for a public purpose. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 245.005, Local Government Code, is |
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amended by amending Subsection (c) and adding Subsection (d) to |
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read as follows: |
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(c) Progress towards completion of the project shall |
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include any one of the following: |
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(1) an application for a final plat or a site plan is |
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submitted to a regulatory agency; |
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(2) a final plat is recorded in the county clerk's |
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property records; |
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(3) a good-faith attempt is made to file with a |
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regulatory agency an application for a permit necessary to begin or |
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continue towards completion of the project; |
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(4) [(3)] costs have been incurred for developing the |
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project including, without limitation, costs associated with |
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roadway, utility, and other infrastructure facilities designed to |
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serve, in whole or in part, the project (but exclusive of land |
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acquisition) in the aggregate amount of five percent of the most |
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recent appraised market value of the real property on which the |
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project is located; |
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(5) [(4)] fiscal security is posted with a regulatory |
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agency to ensure performance of an obligation required by the |
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regulatory agency; or |
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(6) [(5)] utility connection fees or impact fees for |
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the project have been paid to a regulatory agency. |
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(d) A regulatory agency may not enforce an ordinance, rule, |
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or regulation that places an expiration date on a permit if any |
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condition described by Subsection (c) is met. |
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SECTION 2. Chapter 245, Local Government Code, is amended |
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by adding Section 245.008 to read as follows: |
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Sec. 245.008. PROJECTS CONSIDERED IN PROGRESS AND NOT |
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DORMANT BY CONVEYANCE FOR PUBLIC PURPOSE. (a) If an owner of an |
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interest in a contiguous tract of land conveys five percent or more |
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of the tract to the state or to a political subdivision for a public |
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purpose, the remaining portion of the tract is deemed a project in |
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progress for purposes of this chapter and is not subject to an |
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expiration date authorized under Section 245.005. |
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(b) A conveyance under this section must be made by a plat |
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dedication or a gift deed reciting nominal consideration. |
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(c) A division of a tract by a public right-of-way or public |
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easement does not affect contiguity of the tract for purposes of |
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Subsection (a). |
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SECTION 3. 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, 2013. |