bill changing which permits skip the rule-change limits

The text as introduced · 398 words

89R12557 DNC-D

By: Reynolds
H.B. No. 5071

A BILL TO BE ENTITLED

AN ACT

relating to the applicability of limits on the authority of

political subdivisions to regulate the issuance of 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;

(3) 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;

(4) regulations for sexually oriented businesses;

(5) municipal or county ordinances, rules,

regulations, or other requirements affecting colonias;

(6) fees imposed in conjunction with development

permits;

(7) regulations for annexation that do not affect

landscaping or tree preservation or open space or park dedication;

(8) regulations for utility connections;

(9) 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;

(10) construction standards for public works located

on public lands or easements; or

(11) 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. This Act takes effect September 1, 2025.