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.