HBA-KDB C.S.H.B. 2951 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2951
By: Walker
Land & Resource Management
5/3/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, planned unit developments affected by municipal zoning
regulations are not exempt from provisions relating to the issuance of
local permits.  If a project takes several years to complete from the
initial purchase to a finished building site, a municipality may change its
zoning codes to restrict the previously planned project before it is
completed.  This may significantly change the economics of a project.
C.S.H.B. 2951 exempts such planned developments from municipal zoning
regulations which are enacted after the issuance of an initial permit for
the development. 

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. 2951 amends the Local Government Code to provide that a project
for the development of land that requires a development permit includes all
land subject to a development permit and includes all uses permitted by the
applicable land use regulations. 

The bill provides that all development permits required for the development
of land are considered collectively to be  one series of permits for a
project.  If a development permit for land is issued by a political
subdivision,  the bill provides that any subsequent permit for the same
land or a portion of the same land is considered to be issued in connection
with the same project for which the earlier development permit is issued if
the use identified in the subsequent permit is permitted on the land under
the applicable land use regulations.  If a change in a development permit
is requested and approved in connection with the development of any of the
land subject to the original development permit, the project subject to the
amended development permit is not considered to be a new project solely on
the basis of the requested change in the development permit.  The bill
provides that any portion of the land or any portion of an interest in the
land subject to the development permit is not considered to be a new
project solely on the basis of the conveyance of the land or interest in
the land. 

Municipal zoning regulations that do not affect development regulations
that do not relate to land use are exempt from provisions relating to the
issuance of local permits. 

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. 2951 differs from the original bill by adding the definition of
"development permit" and modifying the definition of "project."  The
substitute provides that all development permits required for the
development of land are considered collectively to be one series of permits
for a project and any  subsequent permit for the same land or a portion of
the same land is considered to be issued  with the earlier development
permit if the use identified in the subsequent permit is permitted on the
land under the applicable land use regulations.  The substitute provides
that, if a change in a development permit is requested and approved in
connection with the development of any of the land subject to the original
development permit, the project subject to the amended development permit
is not considered to be a new project solely on the basis of the requested
change in the development permit. 

The substitute provides that any portion of the land subject to the
development permit is not considered to be a new project solely on the
basis of the conveyance of the land or interest in the land.  The original
provided that a change in the specific use of the land within a preliminary
plat, final plat, preliminary plan, site plan, or planned unit development
is not a new project requiring one or more additional permits if the new
use is permitted by right, under special conditions, or approval under the
land use regulations.  The substitute provides that municipal zoning
regulations that do not affect development regulations that do not relate
to land use, rather than such regulations that do not affect development
regulations under a planned unit development, are exempt from provisions
relating to the issuance of local permits.