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S.B. No. 848
AN ACT
relating to the approval of certain permit applications by local
governments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (1), Section 245.001, Local
Government Code, is amended to read as follows:
(1) "Permit" means a license, certificate, approval,
registration, consent, permit, contract or other agreement for
construction related to, or provision of, service from a water or
wastewater utility owned, operated, or controlled by a regulatory
agency, or other form of authorization required by law, rule,
regulation, order, or ordinance that a person must obtain to
perform an action or initiate, continue, or complete a project for
which the permit is sought.
SECTION 2. Section 245.002, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (a-1),
(e), (f), and (g) to read as follows:
(a) Each regulatory agency shall consider the approval,
disapproval, or conditional approval of an application for a permit
solely on the basis of any orders, regulations, ordinances, rules,
expiration dates, or other properly adopted requirements in effect
at the time:
(1) the original application for the permit is filed
for review for any purpose, including review for administrative
completeness; or
(2) a plan for development of real property or plat
application is filed with a regulatory agency.
(a-1) Rights to which a permit applicant is entitled under
this chapter accrue on the filing of an original application or plan
for development or plat application that gives the regulatory
agency fair notice of the project and the nature of the permit
sought. An application or plan is considered filed on the date the
applicant delivers the application or plan to the regulatory agency
or deposits the application or plan with the United States Postal
Service by certified mail addressed to the regulatory agency. A
certified mail receipt obtained by the applicant at the time of
deposit is prima facie evidence of the date the application or plan
was deposited with the United States Postal Service.
(e) A regulatory agency may provide that a permit
application expires on or after the 45th day after the date the
application is filed if:
(1) the applicant fails to provide documents or other
information necessary to comply with the agency's technical
requirements relating to the form and content of the permit
application;
(2) the agency provides to the applicant not later
than the 10th business day after the date the application is filed
written notice of the failure that specifies the necessary
documents or other information and the date the application will
expire if the documents or other information is not provided; and
(3) the applicant fails to provide the specified
documents or other information within the time provided in the
notice.
(f) This chapter does not prohibit a regulatory agency from
requiring compliance with technical requirements relating to the
form and content of an application in effect at the time the
application was filed even though the application is filed after
the date an applicant accrues rights under Subsection (a-1).
(g) Notwithstanding Section 245.003, the change in law made
to Subsection (a) and the addition of Subsections (a-1), (e), and
(f) by S.B. No. 848, Acts of the 79th Legislature, Regular Session,
2005, apply only to a project commenced on or after the effective
date of that Act.
SECTION 3. The change in law made by this Act to Subdivision
(1), Section 245.001, Local Government Code, is subject to the
applicability provision of Section 245.003, Local Government Code.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 848 passed the Senate on
April 13, 2005, by the following vote: Yeas 27, Nays 3; and that
the Senate concurred in House amendments on April 25, 2005, by the
following vote: Yeas 29, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 848 passed the House, with
amendments, on April 21, 2005, by the following vote: Yeas 118,
Nays 20, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor