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Permits) was inadvertently repealed by the 75th Legislature.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.