HBA-EVB H.B. 1704 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1704 By: Kuempel Land & Resource Management 5/21/1999 Enrolled BACKGROUND AND PURPOSE In 1997, Subchapter I, Chapter 481, Government Code, was repealed by the 75th Legislature. As a result, current law allows a political subdivision to apply changes in its regulations and permit requirements retroactively. H.B. 1704 sets forth provisions regarding the approval of certain permit applications by local governments. 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. FINDINGS; INTENT. Sets forth legislative findings relating to the former Subchapter I, Chapter 481, Government Code, which was repealed by Section 51(b), Chapter 1041, Acts of the 75th Legislature, Regular Session, 1997. Sets forth legislative intent relating to this Act. SECTION 2. AMENDMENT. Amends Subtitle C, Title 7, Local Government Code, by adding Chapter 245, as follows: CHAPTER 245. ISSUANCE OF LOCAL PERMITS Sec. 245.001. DEFINITIONS. Defines "permit," "political subdivision," "project," and "regulatory agency." Sec. 245.002. 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 any orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect at the time the original application for the permit is filed. (b) Requires 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, if a series of permits is required for a project, to be the sole basis for consideration of all subsequent permits required for the completion of the project. Provides that all permits required for the project are considered to be a single series of permits. Provides that 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) Prohibits a regulatory agency from shortening the duration of any permit required for the project, after an application for a project is filed. (d) Authorizes a permit holder, notwithstanding any provision of this chapter to the contrary, to 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, 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. Sec. 245.003. APPLICABILITY OF CHAPTER. Provides that this chapter applies only to a project in progress on or commenced after September 1, 1997. Provides that for purposes of this chapter a project was in progress on September 1, 1997, if before September 1, 1997, a regulatory agency approved or issued one or more permits for the project, or an application for a permit for the project was filed with a regulatory agency. Provides that for purposes of this chapter a project was in progress on September 1, 1997, if on or after September 1, 1997, a regulatory agency enacts, enforces, or otherwise imposes: _an order, regulation, ordinance, or rule that in effect retroactively changes the duration of a permit for the project; _a deadline for obtaining a permit required to continue or complete the project that was not enforced or did not apply to the project before September 1, 1997; or _any requirement for the project that was not applicable to or enforced on the project before September 1, 1997. Sec. 245.004. EXEMPTIONS. Sets forth exemptions to this chapter. Sec. 245.005. DORMANT PROJECTS. Authorizes a regulatory agency, notwithstanding any other provision of this chapter, after the first anniversary of the effective date of this chapter, to enact an ordinance, rule, or regulation that places an expiration date on a permit if as of the first anniversary of the effective date of this chapter certain conditions are met. Requires any ordinance, rule, or regulation enacted under this section to place an expiration date of no earlier than the fifth anniversary of the effective date of this chapter. Requires progress towards completion of the project to include certain activities. Sec. 245.006. ENFORCEMENT OF CHAPTER. Authorizes this chapter to be enforced only through mandamus or declaratory or injunctive relief. SECTION 3. EFFECT OF PRIOR LAW. Prohibits the repeal of Subchapter I, Chapter 481, Government Code, and any actions taken by a regulatory agency for the issuance of a permit, after that repeal and before the effective date of this Act, from causing or requiring the expiration or termination of a project, permit, or series of permits to which SECTION 2 of this Act applies. Sets forth that an action by a regulatory agency that violates this section is void to the extent necessary to give effect to this section. Provides that this Act does not affect the rights or remedies of any person or entity under a final judgment rendered by a court before the effective date of this Act, or in any litigation pending in a court on the effective date of this Act, involving an interpretation of Subchapter I, Chapter 481, Government Code, as it existed before its repeal by the 75th Legislature. SECTION 4. CONSTRUCTION OF ACT. Prohibits anything in this Act from being construed to apply to a condition or provision of an ordinance, rule, or regulation that is enacted by a regulatory agency, as that term is defined by Section 245.001, Local Government Code, as added by SECTION 2 of this Act, which is specifically required by uniformly applicable regulations adopted by a state agency after the effective date of this Act. SECTION 5. EFFECT ON COASTAL ZONE MANAGEMENT ACT. Prohibits anything in this Act from being construed to: _limit or otherwise affect the authority of certain political entities with respect to the implementation or enforcement of an ordinance, rule or statutory standard of a program, plan, or ordinance adopted under the federal Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.) or its subsequent amendments or Subtitle E (Beaches and Dunes), Title 2, Natural Resources Code; or _apply to a permit, order, rule, regulation, or other action issued, adopted, or undertaken by certain political entities in connection with the federal Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.) or its subsequent amendments or Subtitle E, Title 2, Natural Resources Code. SECTION 6. EMERGENCY. Emergency clause. Effective date: upon passage.