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Texas Local Government Code - Section 245.002. Uniformity Of Requirements

Legal Research Home > Texas Laws > Local Government Code > Texas Local Government Code - Section 245.002. Uniformity Of Requirements

§ 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 
time:
		(1)  the original application for the permit is filed 
for review for any purpose, including review for administrative 
completeness;  or
		(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 
application;
		(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 
notice.
	(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