Texas Local Government Code - Section 245.002. Uniformity Of Requirements
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Texas Laws > Local Government Code > Texas Local Government Code - Section 245.002. Uniformity Of Requirements
Section: 244.021 244.022 244.023 244.024 244.025 244.026 245.001 245.002 245.003 245.004 245.005 245.006 245.007 246.001 246.002
§ 245.002. UNIFORMITY OF REQUIREMENTS. (a) Each
regulatory agency shall consider the approval, disapproval, or
conditional approval of an application for a permit solely on the
basis of any orders, regulations, ordinances, rules, expiration
dates, or other properly adopted requirements in effect at the
(1) the original application for the permit is filed
for review for any purpose, including review for administrative
(2) a plan for development of real property or plat
application is filed with a regulatory agency.
(a-1) Rights to which a permit applicant is entitled under
this chapter accrue on the filing of an original application or plan
for development or plat application that gives the regulatory
agency fair notice of the project and the nature of the permit
sought. An application or plan is considered filed on the date the
applicant delivers the application or plan to the regulatory agency
or deposits the application or plan with the United States Postal
Service by certified mail addressed to the regulatory agency. A
certified mail receipt obtained by the applicant at the time of
deposit is prima facie evidence of the date the application or plan
was deposited with the United States Postal Service.
(b) If a series of permits is required for a project, the
orders, regulations, ordinances, rules, expiration dates, or other
properly adopted requirements in effect at the time the original
application for the first permit in that series is filed shall be
the sole basis for consideration of all subsequent permits required
for the completion of the project. All permits required for the
project are considered to be a single series of permits.
Preliminary plans and related subdivision plats, site plans, and
all other development permits for land covered by the preliminary
plans or subdivision plats are considered collectively to be one
series of permits for a project.
(c) After an application for a project is filed, a
regulatory agency may not shorten the duration of any permit
required for the project.
(d) Notwithstanding any provision of this chapter to the
contrary, a permit holder may take advantage of recorded
subdivision plat notes, recorded restrictive covenants required by
a regulatory agency, or a change to the laws, rules, regulations, or
ordinances of a regulatory agency that enhance or protect the
project, including changes that lengthen the effective life of the
permit after the date the application for the permit was made,
without forfeiting any rights under this chapter.
(e) A regulatory agency may provide that a permit
application expires on or after the 45th day after the date the
application is filed if:
(1) the applicant fails to provide documents or other
information necessary to comply with the agency's technical
requirements relating to the form and content of the permit
(2) the agency provides to the applicant not later
than the 10th business day after the date the application is filed
written notice of the failure that specifies the necessary
documents or other information and the date the application will
expire if the documents or other information is not provided; and
(3) the applicant fails to provide the specified
documents or other information within the time provided in the
(f) This chapter does not prohibit a regulatory agency from
requiring compliance with technical requirements relating to the
form and content of an application in effect at the time the
application was filed even though the application is filed after
the date an applicant accrues rights under Subsection (a-1).
(g) Notwithstanding Section 245.003, the change in law made
to Subsection (a) and the addition of Subsections (a-1), (e), and
(f) by S.B. No. 848, Acts of the 79th Legislature, Regular Session,
2005, apply only to a project commenced on or after the effective
date of that Act.
Added by Acts 1999, 76th Leg., ch. 73, § 2, eff. May 11, 1999.
Amended by Acts 2005, 79th Leg., ch. 6, § 2, eff. April 27, 2005.
Last modified: August 11, 2007