81R10530 NC-F
By: Smith of Harris H.B. No. 4119
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the construction and operation of
barge terminals by political subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 245.004, Local Government Code, is
amended to read as follows:
Sec. 245.004. EXEMPTIONS. This chapter does not apply to:
(1) a permit that is at least two years old, is issued
for the construction of a building or structure intended for human
occupancy or habitation, and is issued under laws, ordinances,
procedures, rules, or regulations adopting only:
(A) uniform building, fire, electrical,
plumbing, or mechanical codes adopted by a recognized national code
organization; or
(B) local amendments to those codes enacted
solely to address imminent threats of destruction of property or
injury to persons;
(2) municipal zoning regulations that do not affect
landscaping or tree preservation, open space or park dedication,
property classification, lot size, lot dimensions, lot coverage, or
building size or that do not change development permitted by a
restrictive covenant required by a municipality;
(3) regulations that specifically control only the use
of land in a municipality that does not have zoning and that do not
affect landscaping or tree preservation, open space or park
dedication, lot size, lot dimensions, lot coverage, or building
size;
(4) regulations for sexually oriented businesses;
(5) municipal or county ordinances, rules,
regulations, or other requirements affecting colonias;
(6) fees imposed in conjunction with development
permits;
(7) regulations for annexation that do not affect
landscaping or tree preservation or open space or park dedication;
(8) regulations for utility connections;
(9) regulations to prevent imminent destruction of
property or injury to persons from flooding that are effective only
within a flood plain established by a federal flood control program
and enacted to prevent the flooding of buildings intended for
public occupancy;
(10) construction standards for public works located
on public lands or easements; [or]
(11) regulations to prevent the imminent destruction
of property or injury to persons if the regulations do not:
(A) affect landscaping or tree preservation,
open space or park dedication, lot size, lot dimensions, lot
coverage, building size, residential or commercial density, or the
timing of a project; or
(B) change development permitted by a
restrictive covenant required by a municipality; or
(12) a permit application, authorization, or
regulation for establishing or operating a public or private barge
terminal in a public waterway at a distance of 500 feet or less from
an existing park, public boat ramp, or residential development
adjacent to the waterway.
SECTION 2. The change in law made by this Act to Section
245.004, Local Government Code, applies to:
(1) a barge terminal for which an application is
submitted or an authorization or regulation is effective on or
after the effective date of this Act; and
(2) a proposed barge terminal:
(A) that has not, before the effective date of
this Act, received all necessary permits to engage in operation as a
barge terminal; and
(B) the construction of which has not been
completed before the effective date of this Act.
SECTION 3. 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, 2009.