By: Campbell S.B. No. 1918
A BILL TO BE ENTITLED
AN ACT
relating to certain regulatory requirements placing expiration
dates on land development permits and the use of land conveyed to
the state or a political subdivision for a public purpose.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 245.005, Local Government Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(c) Progress towards completion of the project shall
include any one of the following:
(1) an application for a final plat or a site plan is
submitted to a regulatory agency;
(2) a final plat is recorded in the county clerk's
property records;
(3) a good-faith attempt is made to file with a
regulatory agency an application for a permit necessary to begin or
continue towards completion of the project;
(4) [(3)] costs have been incurred for developing the
project including, without limitation, costs associated with
roadway, utility, and other infrastructure facilities designed to
serve, in whole or in part, the project (but exclusive of land
acquisition) in the aggregate amount of five percent of the most
recent appraised market value of the real property on which the
project is located;
(5) [(4)] fiscal security is posted with a regulatory
agency to ensure performance of an obligation required by the
regulatory agency; or
(6) [(5)] utility connection fees or impact fees for
the project have been paid to a regulatory agency.
(d) A regulatory agency may not enforce an ordinance, rule,
or regulation that places an expiration date on a permit if any
condition described by Subsection (c) is met.
SECTION 2. Chapter 245, Local Government Code, is amended
by adding Section 245.008 to read as follows:
Sec. 245.008. PROJECTS CONSIDERED IN PROGRESS AND NOT
DORMANT BY CONVEYANCE FOR PUBLIC PURPOSE. (a) If an owner of an
interest in a contiguous tract of land conveys five percent or more
of the tract to the state or to a political subdivision for a public
purpose, the remaining portion of the tract is deemed a project in
progress for purposes of this chapter and is not subject to an
expiration date authorized under Section 245.005.
(b) A conveyance under this section must be made by a plat
dedication or a gift deed reciting nominal consideration.
(c) A division of a tract by a public right-of-way or public
easement does not affect contiguity of the tract for purposes of
Subsection (a).
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, 2013.