HBA-LJP C.S.H.B. 1630 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1630
By: Krusee
Land & Resource Management
4/6/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a state agency is able to apply changes in its
regulations and permit requirements retroactively.  This process may raise
the price of a project and deter development. C.S.H.B. 1630 provides that a
project be completed under the regulations that are in effect at the time
the application for the project is filed. 

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. 

ANALYSIS

C.S.H.B. 1630 amends the Government Code to require each state agency to
consider an application for a permit for approval solely on the basis of
any orders, regulations, rules, expiration dates, or other properly adopted
requirements in effect at the time the original application for the permit
is filed. 

The bill provides that a state agency may not shorten the duration of any
permit required for the project after an application for a permit is filed.
The bill authorizes an applicant for a permit to take advantage of a
regulation that has changed after the application for the permit was filed. 

The bill provides that provisions relating to administrative procedures and
practices of state permits (state permit procedures) apply only to
prescribed projects in progress on or commenced after September 1, 1997.
The bill also provides that these provisions do not apply to: 

_a permit issued by the Railroad Commission of Texas, the Parks and
Wildlife Department, or a state agency under a program that the state
agency administers in lieu of the federal government; 

_a permit related to state taxation or a form of gaming or gambling;

_state laws and regulations affecting colonias;

_regulations for the prevention of the imminent destruction of property or
injury to a person; 

_the construction standards for public works located on state lands or
easements; 

_a permit that is a least two years old and is issued for the construction
of a building or structure intended for human occupancy or habitation, and
issued under laws, ordinances, procedures, rules, or regulations adopting
certain codes and local amendments; or 

_a permit or license issued by the Texas Alcoholic Beverage Commission.

 The bill specifies that provisions relating to state permit procedures be
enforced through mandamus or declaratory or injunctive relief.  The bill
provides that provisions relating to state permit procedures do not limit
or otherwise affect the authority of the state or a state agency to
implement or to enforce provisions under the federal Coastal Zone
Management Act of 1972 or state law relating to the public domain of
beaches and dunes.  The bill also provides that this Act does not affect
the existing preemption by the state of the regulation of alcoholic
beverages and the alcoholic beverage industry. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1630 amends the original to provide that state permits do not
apply to certain permits that are at least two years old and are issued for
the construction of a building or structure, a permit issued by the Parks
and Wildlife Department, or a permit or license issued by the Texas
Alcoholic Beverage Commission.  The substitute provides that this Act does
not affect the existing preemption by the state of the regulation of
alcoholic beverages and the alcoholic beverage industry.