| 1 | 1 | | By: Shapiro, Wentworth S.B. No. 1442 |
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| 2 | 2 | | (In the Senate - Filed March 10, 2011; March 22, 2011, read |
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| 3 | 3 | | first time and referred to Select Committee on Open Government; |
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| 4 | 4 | | April 12, 2011, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 3, Nays 0; April 12, 2011, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 1442 By: Wentworth |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to the application requirements for a local project |
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| 13 | 13 | | permit. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Subsection (a-1), Section 245.002, Local |
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| 16 | 16 | | Government Code, is amended to read as follows: |
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| 17 | 17 | | (a-1) Rights to which a permit applicant is entitled under |
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| 18 | 18 | | this chapter accrue on the filing of a required [an] original |
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| 19 | 19 | | application or plan for development or plat application that gives |
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| 20 | 20 | | the regulatory agency fair notice that is sufficient to enable a |
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| 21 | 21 | | reasonably prudent person to understand [of] the project and the |
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| 22 | 22 | | nature of the permit sought. An application or plan is considered |
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| 23 | 23 | | filed on the date the applicant delivers the application or plan to |
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| 24 | 24 | | the regulatory agency or deposits the application or plan with the |
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| 25 | 25 | | United States Postal Service by certified mail addressed to the |
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| 26 | 26 | | regulatory agency. A certified mail receipt obtained by the |
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| 27 | 27 | | applicant at the time of deposit is prima facie evidence of the date |
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| 28 | 28 | | the application or plan was deposited with the United States Postal |
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| 29 | 29 | | Service. |
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| 30 | 30 | | SECTION 2. This Act takes effect September 1, 2011. |
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| 31 | 31 | | * * * * * |
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