HBA-ALS C.S.H.B. 1704 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1704
By: Kuempel
Land & Resource Management
4/5/1999
Committee Report (Substituted)



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Permits) was inadvertently repealed by the 75th Legislature.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. The purpose of this bill
is to provide for the review and approval of certain permits by a political
subdivision 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. 

C.S.H.B. 1704 reenacts the portion of former Subchapter  I, Chapter 481,
Government Code, that governed  the review and approval of project permits
issued by a municipality or other local governmental entity.  C.S.H.B.1704
requires regulatory agencies (defined as the governing body of, or a
bureau, department, division, board, commission, or other agency of, a
political subdivision) to consider uniform factors and follow uniform
requirements relating to the approval and duration of permits,
respectively.  This bill applies to all projects commenced after or in
progress on September 1, 1997, which is the date that the original law was
repealed, but provides for limited exemptions from the uniformity
requirements for permits that are at least two years old.  C.S.H.B. 1704
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.  FINDINGS; INTENT.  Sets forth legislative findings relating to
the former Subchapter I, Chapter 481, Government Code (State and Local
Permits), which was repealed by Section 51(b), Chapter 1041, Acts of the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 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 for a project. 

(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 recorded subdivision
plat notes, recorded restrictive covenants required by a regulatory agency,
or a 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.  245.003.  APPLICABILITY OF CHAPTER.  Provides that this chapter only
applies 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: 

(1) before September 1, 1997, a regulatory agency approved or issued one or
more permits for the project or an application for the project was filed
with a regulatory agency, and 

(2) on or after September 1, 1997, a regulatory agency enacts or imposes:
an order, regulation, ordinance, or rule that retroactively shortens a
permit's duration for the project; a deadline for obtaining a permit
required to continue or complete the project that did not exist before
September 1, 1997; or a requirement for the project that was not applicable
to the project before September 1, 1997.   

Sec.  245.004.  EXEMPTIONS.  Provides that this chapter is not applicable
to certain permits that are at least two years old and issued under
specified regulations. 

Sec.  245.005.  ENFORCEMENT OF CHAPTER.  Establishes enforcement of this
chapter only through mandamus or declaratory or injunctive relief.  

SECTION 3.  EFFECT OF PRIOR LAW.  Prohibits the repeal of Subchapter I,
Chapter 484, Government Code, and actions taken by a regulatory agency for
the issuance of a permits after that repeal from causing or requiring the
expiration or termination of a project or permit covered by Section 2 of
this Act. Provides that an action by a regulatory agency in violation of
this section is void to the extent necessary to give effect to this
section. 

(b) Provides that this Act does not affect final court judgments or pending
litigation involving 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 2 (proposed Section
245.002, Local Government Code) by adding that a permit holder is
authorized to take advantage of recorded subdivision plat notes and
recorded restrictive covenants required by a regulatory agency.   

The substitute modifies the original in SECTION 2 (proposed Section
245.003, Local Government Code) by changing the conditions under which a
project is considered to have been in progress on September 1, 1997.  In
the substitute, a project is considered to be in progress on September 1,
1997, if one or more permits were approved or an application for a permit
was filed before that date, and on or after September 1, 1997, the
regulatory agency takes an action that shortens the duration of the permit,
creates a new deadline for obtaining a permit, or adds a requirement for
the project that did  not exist before September 1, 1997.  In the original,
a project was considered to be in progress on September 1, 1997, if 50
percent or more of the project was finally platted or if substantial
infrastructure was installed and the project was not complete on September
1, 1997.   The substitute deletes language from the original which provided
that a project is commenced on or after September 1, 1997, if an
application for the first permit is filed with a regulatory agency on or
after September 1, 1997. 

The substitute modifies the original in SECTION 3 by deleting language
relating to projects or permits that would not have expired or been
terminated had Subchapter I, Chapter 481, Government Code, not been
repealed.  The substitute merely prohibits the repeal of that subchapter of
the Government Code and any actions taken by a regulatory agency after that
repeal from causing the expiration or termination of a project or permit to
which Section 2 of this Act applies.