Bill Text: TX SB1918 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (N/A - Dead) 2013-05-08 - Subcommittee meeting cancelled [SB1918 Detail]
Download: Texas-2013-SB1918-Introduced.html
By: Campbell | S.B. No. 1918 | |
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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) [ |
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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) [ |
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agency to ensure performance of an obligation required by the | ||
regulatory agency; or | ||
(6) [ |
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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. |