HBA-ALS H.B. 1287 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1287 By: Hilderbran Land & Resource Management 3/9/1999 Introduced BACKGROUND AND PURPOSE In 1997, Subchapter I, Chapter 481, Government Code (State and Local Permits) was inadvertently repealed by the 75th Legislature. As a result, current law allows a political subdivision to apply changes in its regulations and permit requirements retroactively. There is concern that these retroactive permitting requirements deter the development of land. The purpose of this bill is to ensure that residential subdivisions and other projects can be completed under the local developmental regulations that are in effect at the time the project is initiated. H.B. 1287 reenacts the provisions from former Subchapter I, Chapter 481, Government Code, which provided for the review and approval of project permits issued by the state, a municipality, or other local governmental entity. H.B.1287 requires regulatory agencies to consider uniform factors and follow uniform requirements relating to the approval and duration of permits, respectively. This bill applies to all projects commenced or in progress after September 1, 1987, and provides exemptions for specified permits and regulations. H.B. 1287 establishes that its provisions do not affect the authority of a governmental entity with respect to the implementation or enforcement of specific federal and statutes, or apply to a permit or action taken by a governmental entity in connection with specific federal and state statutes. H.B. 1287 provides that its provisions may only be enforced through mandamus or declaratory or injunctive relief. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. LEGISLATIVE FINDINGS AND INTENT. Provides legislative intent and findings relating to the processing and issuing of permits and approvals by governmental regulatory agencies to alleviate obstacles to economic development. SECTION 2. AMENDMENT. Amends Subtitle A, Title 10, Government Code, by adding Chapter 2010, as follows: CHAPTER 2010. STATE AND LOCAL PERMITS Sec. 2010.001. DEFINITIONS. HBA-ALS H.B. 1287 76(R) Defines "permit," "political subdivision," "project," and "regulatory agency." Sec. 2010.002. UNIFORMITY OF REQUIREMENTS. (a) Requires each regulatory agency to consider the approval, disapproval, or conditional approval of an application for a permit solely on the basis of orders, regulations, ordinances, rules, expiration dates, or properly adopted requirements that are in effect at the time the original permit application is filed. (b) Requires that if a series of permits is required for a project, the orders, regulations, ordinances, rules, expiration dates, or properly adopted requirements in effect at the time the original permit application is filed in that series are to be the sole basis for consideration of all subsequent required permits. Provides that all required permits are considered to be a single series of permits, and that preliminary plans and related subdivision plats, site plans, and other developmental permits for land covered by the preliminary plans or subdivision plats are considered collectively to be one series of permits without regard to the plats, plans, and permits are issued or approved by the same regulatory agency. (c) Prohibits a regulatory agency from shortening the duration of a required permit once the project application is filed. (d) Authorizes a permit holder to take advantage of a procedural change to an agency's laws, rules, regulations, or ordinances that enhance or protect the project, including changes that lengthen the duration of the permit after the date the permit application was made, without forfeiting any rights under this chapter, notwithstanding any contrary provision in this chapter. Sec. 2010.003. APPLICABILITY OF CHAPTER. Provides that this chapter only applies to a project in progress on or commenced after September 1, 1987. Sec. 2010.004. EXEMPTIONS. (a) Provides that this chapter is not applicable to specified permits, codes, regulations, laws, and fees. (b) Provides that the provisions of this chapter relating to a permit's expiration date or duration do not apply to a permit issued by the Railroad Commission of Texas which does not have an expiration date or specific duration at the time it was originally issued. Sec. 2010.005. EFFECT ON COASTAL MANAGEMENT PLANS. Provides that this chapter does not: (1) limit or affect the authority of a political subdivision, the state, or state agency in its implementation or enforcement of an ordinance, a rule, or statutory standard of a program, plan, or ordinance adopted under the federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) or Subtitle E, Title 2, Natural Resources Code (Beaches and Dunes); or (2) apply to a permit or action that is issued, adopted, or undertaken by a political subdivision, the state, or state agency in connection with the federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) or Subtitle E, Title 2, Natural Resources Code. Sec. 2010.006. ENFORCEMENT OF CHAPTER. Establishes this chapter is to be enforced only through mandamus or declaratory or injunctive relief. SECTION 3. EFFECT ON JUDICIAL PROCEEDING. Provides that this Act does not affect the rights or remedies of any person or entity under a final judgment of a court before this Act's effective date or in litigation that is pending on this Act's effective date which involves an interpretation of Subchapter I, Chapter 481, Government Code, as it existed before its repeal by the 75th Legislature. SECTION 4. EMERGENCY. Emergency clause. Effective date: upon passage.