By: Workman H.B. No. 3089
A BILL TO BE ENTITLED
AN ACT
relating to limitations on the application of certain municipal
regulations to local permits.
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;]
(23) 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;
(34) regulations for sexually oriented businesses;
(45) municipal or county ordinances, rules,
regulations, or other requirements affecting colonias;
(56) fees imposed in conjunction with development
permits;
(67) regulations for annexation that do not affect
landscaping or tree preservation or open space or park dedication;
(78) regulations for utility connections;
(89) 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;
(910) construction standards for public works located
on public lands or easements; or
(1011) 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.
SECTION 2. The change in law made by this act applies to any
project in progress before or commenced after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2013.