| 1 | 1 | | By: Villarreal H.B. No. 2506 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a limitation on causes of action related to permits |
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| 7 | 7 | | issued by political subdivisions. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 16, Civil Practice and |
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| 10 | 10 | | Remedies Code, is amended by adding Section 16.013 to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | Sec. 16.013. LIMITATIONS RELATED TO ACTIONS ARISING UNDER |
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| 13 | 13 | | LOCAL PERMITS. A person must bring a suit in a cause of action |
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| 14 | 14 | | arising from a claim of rights arising from a permit issued by a |
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| 15 | 15 | | local government, including but not limited to a permit governed by |
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| 16 | 16 | | Chapter 245, Local Government Code, not later than the fifth |
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| 17 | 17 | | anniversary of the date that the person submitted to the local |
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| 18 | 18 | | governmental entity, as applicable: |
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| 19 | 19 | | (1) an original application for: |
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| 20 | 20 | | (A) a permit; or |
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| 21 | 21 | | (B) the first permit in a series of permits; or |
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| 22 | 22 | | (2) a plan for development or a plat application that |
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| 23 | 23 | | gives the local government fair notice of the project and the nature |
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| 24 | 24 | | of the permit sought. |
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| 25 | 25 | | SECTION 2. This Act takes effect immediately if it receives |
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| 26 | 26 | | a vote of two-thirds of all the members elected to each house, as |
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| 27 | 27 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 28 | 28 | | Act does not receive the vote necessary for immediate effect, this |
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| 29 | 29 | | Act takes effect September 1, 2009. |
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