reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 243 - Municipal and County Authority to Regulate Sexually Oriented Business › Section 243.004. Exempt Business

Sec. 243.004.  EXEMPT BUSINESS.  The following are exempt from regulation under this chapter:
(1)  a bookstore, movie theater, or video store, unless that business is an adult bookstore, adult movie theater, or adult video store under Section 243.002;
(2)  a business operated by or employing a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed cosmetologist, or licensed barber engaged in performing functions authorized under the license held;  or
(3)  a business operated by or employing a licensed physician or licensed chiropractor engaged in practicing the healing arts.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 243 - Municipal and County Authority to Regulate Sexually Oriented Business › Section 243.005. Business Licensed Under Alcoholic Beverage Code: Business Having Coin-Operated Machines

Sec. 243.005.  BUSINESS LICENSED UNDER ALCOHOLIC BEVERAGE CODE:  BUSINESS HAVING COIN-OPERATED MACHINES.  (a)  A business is not exempt from regulation under this chapter because it holds a license or permit under the Alcoholic Beverage Code authorizing the sale or service of alcoholic beverages or because it contains one or more coin-operated machines that are subject to regulation or taxation, or both, under Chapter 8, Title 132, Revised Statutes.
(b)  A regulation adopted under this chapter may not discriminate against a business on the basis of whether the business holds a license or permit under the Alcoholic Beverage Code or on the basis of whether it contains one or more coin-operated machines that are subject to regulation or taxation, or both, under Chapter 8, Title 132, Revised Statutes.
(c)  This chapter does not affect the existing preemption by the state of the regulation of alcoholic beverages and the alcoholic beverage industry as provided by Section 1.06, Alcoholic Beverage Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 243 - Municipal and County Authority to Regulate Sexually Oriented Business › Section 243.006. Scope of Regulation

Sec. 243.006.  SCOPE OF REGULATION.  (a)  The location of sexually oriented businesses may be:
(1)  restricted to particular areas;  or
(2)  prohibited within a certain distance of a school, regular place of religious worship, residential neighborhood, or other specified land use the governing body of the municipality or county finds to be inconsistent with the operation of a sexually oriented business.
(b)  A municipality or county may restrict the density of sexually oriented businesses.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 243 - Municipal and County Authority to Regulate Sexually Oriented Business › Section 243.007. Licenses or Permits

Sec. 243.007.  LICENSES OR PERMITS.  (a)  A municipality or county may require that an owner or operator of a sexually oriented business obtain a license or other permit or renew a license or other permit on a periodic basis for the operation of a sexually oriented business.  An application for a license or other permit must be made in accordance with the regulations adopted by the municipality or county.
(b)  The municipal or county regulations adopted under this chapter may provide for the denial, suspension, or revocation of a license or other permit by the municipality or county.
(c)  A district court has jurisdiction of a suit that arises from the denial, suspension, or revocation of a license or other permit by a municipality or county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 417, Sec. 1, eff. June 7, 1991.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 243 - Municipal and County Authority to Regulate Sexually Oriented Business › Section 243.0075. Notice by Sign

Sec. 243.0075.  NOTICE BY SIGN.  (a)  An applicant for a license or permit issued under Section 243.007 for a location not currently licensed or permitted shall, not later than the 60th day before the date the application is filed, prominently post an outdoor sign at the location stating that a sexually oriented business is intended to be located on the premises and providing the name and business address of the applicant.
(b)  A person who intends to operate a sexually oriented business in the jurisdiction of a municipality or county that does not require the owner or operator of a sexually oriented business to obtain a license or permit shall, not later than the 60th day before the date the person intends to begin operation of the business, prominently post an outdoor sign at the location stating that a sexually oriented business is intended to be located on the premises and providing the name and business address of the owner and operator.
(c)  The sign must be at least 24 by 36 inches in size and must be written in lettering at least two inches in size.  The municipality or county in which the sexually oriented business is to be located may require the sign to be both in English and a language other than English if it is likely that a substantial number of the residents in the area speak a language other than English as their familiar language.
Added by Acts 1999, 76th Leg., ch. 1109, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 648 (S.B. 1030), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 243 - Municipal and County Authority to Regulate Sexually Oriented Business › Section 243.008. Inspection

Sec. 243.008.  INSPECTION.  A municipality or county may inspect a sexually oriented business to determine compliance with this chapter and regulations adopted under this chapter by the municipality or county.
Added by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 243 - Municipal and County Authority to Regulate Sexually Oriented Business › Section 243.009. Fees

Sec. 243.009.  FEES.  A municipality or county may impose fees on applicants for a license or other permit issued under this chapter or for the renewal of the license or other permit.  The fees must be based on the cost of processing the applications and investigating the applicants.
Added by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 243 - Municipal and County Authority to Regulate Sexually Oriented Business › Section 243.010. Enforcement

Sec. 243.010.  ENFORCEMENT.  (a)  A municipality or county may sue in the district court for an injunction to prohibit the violation of a regulation adopted under this chapter.
(b)  A person commits an offense if the person violates a municipal or county regulation adopted under this chapter.  An offense under this subsection is a Class A misdemeanor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(p), eff. Aug. 28, 1989.  Renumbered from Sec. 243.008 and amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 243 - Municipal and County Authority to Regulate Sexually Oriented Business › Section 243.011. Effect on Other Laws

Sec. 243.011.  EFFECT ON OTHER LAWS.  This chapter does not legalize anything prohibited under the Penal Code or other state law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 243.009 by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 244 - Location of Certain Facilities and Shelters › Subchapter A. Correctional or Rehabilitation Facility › Section 244.001. Definitions

Sec. 244.001.  DEFINITIONS.  In this subchapter:
(1)  "Correctional or rehabilitation facility" means a probation or parole office or a residential facility that:
(A)  is operated by an agency of the state, a political subdivision of the state, or a private vendor operating under a contract with an agency of the state or a political subdivision of the state; and
(B)  houses persons convicted of misdemeanors or felonies or children found to have engaged in delinquent conduct, regardless of whether the persons are housed in the residential facility:
(i)  while serving a sentence of confinement following conviction of an offense;
(ii)  as a condition of probation, parole, or mandatory supervision; or
(iii)  under a court order for out-of-home placement under Title 3, Family Code, other than in a foster home operated under a contract with the juvenile board of the county in which the foster home is located or under a contract with the Texas Juvenile Justice Department.
(2)  "Residential area" means:
(A)  an area designated as a residential zoning district by a governing ordinance or code or an area in which the principal permitted land use is for private residences;
(B)  a subdivision for which a plat is recorded in the real property records of the county and that contains or is bounded by public streets or parts of public streets that are abutted by residential property occupying at least 75 percent of the front footage along the block face;  or
(C)  a subdivision for which a plat is recorded in the real property records of the county and a majority of the lots of which are subject to deed restrictions limiting the lots to residential use.
Added by Acts 1997, 75th Leg., ch. 1086, Sec. 46, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1253, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 139, eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 244 - Location of Certain Facilities and Shelters › Subchapter A. Correctional or Rehabilitation Facility › Section 244.003. Proximity of Correctional or Rehabilitation Facility

Sec. 244.003.  PROXIMITY OF CORRECTIONAL OR REHABILITATION FACILITY.  (a)  Unless local consent is denied under Section 244.004, an agency of the state, a political subdivision of the state, or a private vendor operating under a contract with an agency or political subdivision of the state may operate a correctional or rehabilitation facility within 1,000 feet of a residential area, a primary or secondary school, property designated as a public park or public recreation area by the state or a political subdivision of the state, or a church, synagogue, or other place of worship.
(b)  The governing body of a church, synagogue, or other place of worship may waive the distance requirements of Section 244.002 between a correctional or rehabilitation facility and the place of worship by filing an acknowledged written statement of the waiver in the deed records of the county in which the facility is located.
Added by Acts 1997, 75th Leg., ch. 1086, Sec. 46, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 244 - Location of Certain Facilities and Shelters › Subchapter A. Correctional or Rehabilitation Facility › Section 244.004. Local Consent

Sec. 244.004.  LOCAL CONSENT.  (a)  Local consent to the operation of a correctional or rehabilitation facility at a location within 1,000 feet of a residential area, a primary or secondary school, property designated as a park or public recreation area by the state or a political subdivision of the state, or a church, synagogue, or other place of worship is granted unless, not later than the 60th day after the date on which notice is received by a commissioners court or governing body of a municipality under Section 244.002(a), the commissioners court or governing body, as appropriate, determines by resolution after a public hearing that the operation of a correctional or rehabilitation facility at the proposed location is not in the best interest of the county or municipality, as appropriate.
(b)  The public hearing requirement established under Subsection (a) may be met by a public meeting held under Section 508.119 or 509.010, Government Code, if:
(1)  the Texas Department of Criminal Justice receives written approval from the commissioners court of a county or governing body of a municipality allowing the public meeting to satisfy the public hearing requirement of this section;  and
(2)  during the public meeting, a determination is made as to whether operating the facility in the proposed location would be in the best interest of the county or municipality.
(c)  If the public hearing requirement established under Subsection (a) is met in the manner described by Subsection (b), the commissioners court of a county or governing body of a municipality may adopt a resolution under Subsection (a) without holding a public hearing under that subsection.  The commissioners court or governing body, as appropriate, retains the discretion to hold a separate public hearing under Subsection (a) as the commissioners court or governing body considers necessary or appropriate.
(d)  A commissioners court or governing body of a municipality may rescind a resolution adopted under Subsection (a).
Added by Acts 1997, 75th Leg., ch. 1086, Sec. 46, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 119, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 244 - Location of Certain Facilities and Shelters › Subchapter A. Correctional or Rehabilitation Facility › Section 244.007. Conflict With Other Law

Sec. 244.007.  CONFLICT WITH OTHER LAW.  To the extent of any conflict between this subchapter and Sections 508.119 and 509.010, Government Code, this subchapter prevails.
Added by Acts 1997, 75th Leg., ch. 1086, Sec. 46, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1253, Sec. 6, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 119, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 244 - Location of Certain Facilities and Shelters › Subchapter B. Shelter for Homeless Individuals › Section 244.021. Definition

Sec. 244.021.  DEFINITION.  In this subchapter, "shelter for homeless individuals" means a supervised private facility that provides temporary living accommodations for homeless individuals.
Added by Acts 1999, 76th Leg., ch. 1253, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 244 - Location of Certain Facilities and Shelters › Subchapter B. Shelter for Homeless Individuals › Section 244.022. Application of Subchapter

Sec. 244.022.  APPLICATION OF SUBCHAPTER.  This subchapter applies only to construction or operation of a shelter for homeless individuals that is located or proposed to be located within the boundaries of a municipality with a population of 1.6 million or more.
Added by Acts 1999, 76th Leg., ch. 1253, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 244 - Location of Certain Facilities and Shelters › Subchapter B. Shelter for Homeless Individuals › Section 244.023. Restriction

Sec. 244.023.  RESTRICTION.  Unless municipal consent is granted under Section 244.025, a person may not construct or operate a shelter for homeless individuals within 1,000 feet of another shelter for homeless individuals or a primary or secondary school.
Added by Acts 1999, 76th Leg., ch. 1253, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 244 - Location of Certain Facilities and Shelters › Subchapter B. Shelter for Homeless Individuals › Section 244.024. Notice

Sec. 244.024.  NOTICE.  (a)  A person who intends to construct or operate a shelter for homeless individuals subject to Section 244.023 shall:
(1)  post notice of the proposed location of the shelter at that location;  and
(2)  provide notice of the proposed location of the shelter to the governing body of the municipality within the boundaries of which the shelter is proposed to be located.
(b)  The person shall post and provide the notice required by Subsection (a) before the 61st day before the date the person begins construction or operation of the shelter for homeless individuals, whichever date is earlier.
Added by Acts 1999, 76th Leg., ch. 1253, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 244 - Location of Certain Facilities and Shelters › Subchapter B. Shelter for Homeless Individuals › Section 244.025. Municipal Consent

Sec. 244.025.  MUNICIPAL CONSENT.  (a)  Municipal consent to the construction or operation of a shelter for homeless individuals subject to Section 244.023 is considered granted unless, before the 61st day after the date notice is received by the governing body of the municipality under Section 244.024(a)(2), the governing body determines by resolution after a public hearing that the construction or operation of a shelter at the proposed location is not in the best interest of the municipality.
(b)  The governing body of the municipality may rescind a resolution adopted under Subsection (a).
Added by Acts 1999, 76th Leg., ch. 1253, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 244 - Location of Certain Facilities and Shelters › Subchapter B. Shelter for Homeless Individuals › Section 244.026. Distance Measurement

Sec. 244.026.  DISTANCE MEASUREMENT.  For purposes of this subchapter, distance is measured along the shortest straight line between the nearest property line of the shelter for homeless individuals and the nearest property line of another shelter for homeless individuals or a primary or secondary school, as appropriate.
Added by Acts 1999, 76th Leg., ch. 1253, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 245 - Issuance of Local Permits › Section 245.001. Definitions

Sec. 245.001.  DEFINITIONS.  In this chapter:
(1)  "Permit" means a license, certificate, approval, registration, consent, permit, contract or other agreement for construction related to, or provision of, service from a water or wastewater utility owned, operated, or controlled by a regulatory agency, or other form of authorization required by law, rule, regulation, order, or ordinance that a person must obtain to perform an action or initiate, continue, or complete a project for which the permit is sought.
(2)  "Political subdivision" means a political subdivision of the state, including a county, a school district, or a municipality.
(3)  "Project" means an endeavor over which a regulatory agency exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor.
(4)  "Regulatory agency" means the governing body of, or a bureau, department, division, board, commission, or other agency of, a political subdivision acting in its capacity of processing, approving, or issuing a permit.
Added by Acts 1999, 76th Leg., ch. 73, Sec. 2, eff. May 11, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 6 (S.B. 848), Sec. 1, eff. April 27, 2005.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 245 - Issuance of Local Permits › Section 245.003. Applicability of Chapter

Sec. 245.003.  APPLICABILITY OF CHAPTER.  This chapter applies only to a project in progress on or commenced after September 1, 1997.  For purposes of this chapter a project was in progress on September 1, 1997, if:
(1)  before September 1, 1997:
(A)  a regulatory agency approved or issued one or more permits for the project;  or
(B)  an application for a permit for the project was filed with a regulatory agency;  and
(2)  on or after September 1, 1997, a regulatory agency enacts, enforces, or otherwise imposes:
(A)  an order, regulation, ordinance, or rule that in effect retroactively changes the duration of a permit for the project;
(B)  a deadline for obtaining a permit required to continue or complete the project that was not enforced or did not apply to the project before September 1, 1997;  or
(C)  any requirement for the project that was not applicable to or enforced on the project before September 1, 1997.
Added by Acts 1999, 76th Leg., ch. 73, Sec. 2, eff. May 11, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 245 - Issuance of Local Permits › Section 245.004. Exemptions

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.
Added by Acts 1999, 76th Leg., ch. 73, Sec. 2, eff. May 11, 1999.  Amended by Acts 2003, 78th Leg., ch. 646, Sec. 1.
Amended by:
Acts 2005, 79th Leg., Ch. 31 (S.B. 574), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 245 - Issuance of Local Permits › Section 245.005. Dormant Projects

Sec. 245.005.  DORMANT PROJECTS.  (a)  After the first anniversary of the effective date of this chapter, a regulatory agency may enact an ordinance, rule, or regulation that places an expiration date on a permit if as of the first anniversary of the effective date of this chapter:  (i) the permit does not have an expiration date; and (ii) no progress has been made towards completion of the project.  Any ordinance, rule, or regulation enacted pursuant to this subsection shall place an expiration date of no earlier than the fifth anniversary of the effective date of this chapter.
(b)  A regulatory agency may enact an ordinance, rule, or regulation that places an expiration date of not less than two years on an individual permit if no progress has been made towards completion of the project.  Notwithstanding any other provision of this chapter, any ordinance, rule, or regulation enacted pursuant to this section shall place an expiration date on a project of no earlier than the fifth anniversary of the date the first permit application was filed for the project if no progress has been made towards completion of the project.  Nothing in this subsection shall be deemed to affect the timing of a permit issued solely under the authority of Chapter 366, Health and Safety Code, by the Texas Commission on Environmental Quality or its authorized agent.
(c)  Progress towards completion of the project shall include any one of the following:
(1)  an application for a final plat or plan is submitted to a regulatory agency;
(2)  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;
(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;
(4)  fiscal security is posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or
(5)  utility connection fees or impact fees for the project have been paid to a regulatory agency.
Added by Acts 1999, 76th Leg., ch. 73, Sec. 2, eff. May 11, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 31 (S.B. 574), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 245 - Issuance of Local Permits › Section 245.006. Enforcement of Chapter

Sec. 245.006.  ENFORCEMENT OF CHAPTER.  (a)  This chapter may be enforced only through mandamus or declaratory or injunctive relief.
(b)  A political subdivision's immunity from suit is waived in regard to an action under this chapter.
(c)  A court may award court costs and reasonable and necessary attorney's fees to the prevailing party in an action under this chapter.
Added by Acts 1999, 76th Leg., ch. 73, Sec. 2, eff. May 11, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 31 (S.B. 574), Sec. 1, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 264 (H.B. 1704), Sec. 1, eff. May 29, 2017.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 245 - Issuance of Local Permits › Section 245.007. Construction and Renovation Work on County-Owned Buildings and Facilities in Certain Counties

Sec. 245.007.  CONSTRUCTION AND RENOVATION WORK ON COUNTY-OWNED BUILDINGS AND FACILITIES IN CERTAIN COUNTIES.  (a)  This section applies only to a building or facility that is owned by a county with a population of 3.3 million or more and is located within the boundaries of another political subdivision.
(b)  A political subdivision may not require a county to notify the political subdivision or obtain a building permit for any new construction or any renovation of a building or facility owned by the county if the construction or renovation work is supervised and inspected by an engineer or architect licensed in this state.
(c)  This section does not exempt a county from complying with the building standards of the political subdivision during the construction or renovation of the building or facility.
Added by Acts 2005, 79th Leg., Ch. 532 (H.B. 960), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 246 - Construction of Certain Telecommunications Facilities › Section 246.001. Definitions

Sec. 246.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Public Utility Commission of Texas.
(2)  "Critical facility" means a central office that contains:
(A)  a switching unit for a telecommunications system that provides service to the general public;  and
(B)  equipment and operating arrangements necessary for terminating and interconnecting:
(i)  customer lines and trunks;  or
(ii)  trunks.
(3)  "Impervious lot coverage regulation" means an ordinance, regulation, rule, or other enactment by a county, municipality, or other authority that limits the development of real property based on the amount of impervious lot coverage to be constructed.  The term does not include a flood control regulation.
(4)  "Regulating authority" means a county, municipality, or other political subdivision of this state that has adopted an impervious lot coverage regulation or a sedimentation, retention, or erosion regulation by ordinance, order, resolution, rule, or other enactment.
(5)  "Sedimentation, retention, or erosion regulation" means an ordinance, regulation, rule, or other enactment by a county, municipality, or other authority that limits or regulates the development of real property based on the development's effect on water quality resulting from sedimentation, retention, or erosion.  The term does not include a:
(A)  flood control regulation;  or
(B)  requirement for silt fences, vegetative cover, or other similar requirement.
(6)  "Telecommunications utility" has the meaning assigned by Section 51.002, Utilities Code.
Added by Acts 2001, 77th Leg., ch. 210, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 246 - Construction of Certain Telecommunications Facilities › Section 246.002. Applicability

Sec. 246.002.  APPLICABILITY.  This chapter applies only to a critical facility that:
(1)  existed on April 1, 2001;  and
(2)  is being expanded to provide space and facilities for competing telecommunications utilities because of requirements in:
(A)  the Communications Act of 1934 (47 U.S.C. Section 151 et seq.), as amended;  or
(B)  Subchapters G and H, Chapter 60, Utilities Code.
Added by Acts 2001, 77th Leg., ch. 210, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 246 - Construction of Certain Telecommunications Facilities › Section 246.003. Request Process

Sec. 246.003.  REQUEST PROCESS.  (a)  A regulating authority that receives a written request by a telecommunications utility to expand a critical facility on real property owned, leased, or occupied by the telecommunications utility in an area governed by impervious lot coverage regulation or sedimentation, retention, or erosion regulation shall approve or deny the request not later than the 60th day after the date the request is received.
(b)  The regulating authority shall approve the request unless the regulating authority finds, after a hearing, that:
(1)  additional, suitable vacant land contiguous with the proposed building site that is sufficient to satisfy the impervious lot coverage regulation or sedimentation, retention, or erosion regulation is not available, except:
(A)  through the use of condemnation;  or
(B)  at a price that exceeds the average fair market value of vacant land within a one-mile radius of the property that is the subject of the request under Subsection (a);  or
(2)  the telecommunications utility did not provide an affidavit containing the statement described in Subdivision (1).
(c)  The regulating authority shall provide written notice of a denial.  The notice must specify the findings on which the authority relied in denying the request.
(d)  If a regulating authority does not make a decision before the deadline prescribed by Subsection (a):
(1)  the request is approved;  and
(2)  the regulating authority may not apply the authority's impervious lot coverage regulations or sedimentation, retention, or erosion regulations to the expansion that is the subject of the request under Subsection (a).
Added by Acts 2001, 77th Leg., ch. 210, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 246 - Construction of Certain Telecommunications Facilities › Section 246.004. Commission Jurisdiction

Sec. 246.004.  COMMISSION JURISDICTION.  The commission has jurisdiction to enforce this chapter and to ensure that legal requirements are enforced in a competitively neutral, nondiscriminatory, and reasonable manner.
Added by Acts 2001, 77th Leg., ch. 210, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 247 - Regulation of Energy Sources and Engines › Section 247.001. Definitions

Sec. 247.001.  DEFINITIONS.  In this chapter:
(1)  "Energy source" means any fuel or power source used to power an engine.
(2)  "Engine" means a machine for converting an energy source into mechanical force and motion, including a generator or an internal combustion engine.
(3)  "Political subdivision" includes a county, municipality, special district, school district, junior college district, or housing authority.
(4)  "Retail service station" has the meaning assigned by Section 753.001, Health and Safety Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 19 (S.B. 1017), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 247 - Regulation of Energy Sources and Engines › Section 247.002. Restriction on Regulation of Energy Sources

Sec. 247.002.  RESTRICTION ON REGULATION OF ENERGY SOURCES.  (a)  A political subdivision may not adopt or enforce an ordinance, order, regulation, or similar measure that limits access to or use of an energy source or that results in the effective prohibition of infrastructure that is necessary to provide access to a specific energy source, including a wholesaler, retailer, energy producer, or related infrastructure, including a retail service station.
(b)  This section does not limit the authority of a political subdivision to adopt or enforce an ordinance, order, regulation, or similar measure relating to an energy source, or infrastructure that is necessary to provide access to a specific energy source, that:
(1)  provides siting requirements, including siting requirements involving certain geographic areas;
(2)  does not effectively prohibit the operation of an energy source or infrastructure that is necessary to provide access to a specific energy source; and
(3)  is not preempted by state or federal law.
Added by Acts 2023, 88th Leg., R.S., Ch. 19 (S.B. 1017), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 247 - Regulation of Energy Sources and Engines › Section 247.003. Restriction on Regulation of Engines

Sec. 247.003.  RESTRICTION ON REGULATION OF ENGINES.  (a)  A political subdivision may not adopt or enforce an ordinance, order, regulation, or similar measure that directly prohibits or restricts the use, sale, or lease of an engine based on its fuel source.
(b)  This section does not limit the authority of a political subdivision to adopt or enforce an ordinance, order, regulation, or similar measure not preempted by state or federal law that:
(1)  does not effectively prohibit or restrict the use, sale, or lease of the engine;
(2)  implements an agreement between the political subdivision and the Texas Commission on Environmental Quality to regulate motor vehicle idling under Section 382.019, Health and Safety Code; or
(3)  only affects an engine owned or operated by the political subdivision and is included in the state implementation plan or otherwise necessary for compliance with the federal Clean Air Act (42 U.S.C. Section 7401 et seq.).
(c)  This section does not limit the authority of a political subdivision to adopt an ordinance, order, regulation, resolution, policy, or other similar measure to encourage, promote, or provide rebates for engines and fuel sources from alternative sources such as electricity, hydrogen, gas, or biofuels and that does not directly or effectively ban, restrict, or prohibit the use, sale, or lease of an engine based on the engine's fuel source.
(d)  Section 81.0523, Natural Resources Code, prevails to the extent of a conflict with this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 19 (S.B. 1017), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 247 - Third-Party Review of Development Documents and Inspection of Improvements › Section 247.001. Definitions

Sec. 247.001.  DEFINITIONS.  In this chapter:
(1)  "Development document" means a document, including an application for a plat, plan, or development permit, related to the development of or improvement to land that is required by law, ordinance, rule, or other measure to be approved by a regulatory authority in order for a person to initiate, engage in, or complete the development or improvement.
(2)  "Development inspection" means the inspection of an improvement to land required by a regulatory authority as part of a project to develop the land or construct or improve an improvement to the land.
(3)  "Development permit" means a permit required by a regulatory authority to develop land or construct or improve an improvement to land.
(4)  "Plan" has the meaning assigned by Section 212.001.
(5)  "Plat" has the meaning assigned by Section 212.001 except that the term includes a development plat under Subchapter B, Chapter 212.
(6)  "Regulatory authority" means the governing body of a political subdivision, or a department, board, commission, or other entity of the political subdivision, responsible for processing or approving a development document or conducting a development inspection.
Added by Acts 2023, 88th Leg., R.S., Ch. 654 (H.B. 14), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 247 - Third-Party Review of Development Documents and Inspection of Improvements › Section 247.002. Third-Party Review or Inspection Required

Sec. 247.002.  THIRD-PARTY REVIEW OR INSPECTION REQUIRED.  (a)  If a regulatory authority does not approve, conditionally approve, or disapprove a development document by the 15th day after the date prescribed by a provision of this code for the approval, conditional approval, or disapproval of the document, any required review of the document may be performed by a person:
(1)  other than:
(A)  the applicant; or
(B)  a person whose work is the subject of the application; and
(2)  who is:
(A)  employed by the regulatory authority to review development documents;
(B)  employed by another political subdivision to review development documents, if the regulatory authority has approved the person to review development documents; or
(C)  an engineer licensed under Chapter 1001, Occupations Code.
(b)  If a regulatory authority does not conduct a required development inspection by the 15th day after the date prescribed by a provision of this code for conducting the inspection, the inspection may be conducted by a person:
(1)  other than:
(A)  the owner of the land or improvement to the land that is the subject of the inspection; or
(B) a person whose work is the subject of the inspection; and
(2)  who is:
(A) certified to inspect buildings by the International Code Council;
(B)  employed by the regulatory authority as a building inspector;
(C)  employed by another political subdivision as a building inspector, if the regulatory authority has approved the person to perform inspections; or
(D)  an engineer licensed under Chapter 1001, Occupations Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 654 (H.B. 14), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 247 - Third-Party Review of Development Documents and Inspection of Improvements › Section 247.003. Additional Fee Prohibited

Sec. 247.003.  ADDITIONAL FEE PROHIBITED.  A regulatory authority may not impose a fee related to the review of a development document or the inspection of an improvement conducted under Section 247.002.
Added by Acts 2023, 88th Leg., R.S., Ch. 654 (H.B. 14), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 247 - Third-Party Review of Development Documents and Inspection of Improvements › Section 247.004. Third-Party Requirements

Sec. 247.004.  THIRD-PARTY REQUIREMENTS.  (a)  A person who reviews a development document or conducts a development inspection under Section 247.002 shall:
(1)  review the document, conduct the inspection, and take all other related actions in accordance with all applicable provisions of law; and
(2)  not later than the 15th day after the date the person completes the review or inspection, provide notice to the regulatory authority of the results of the review or inspection.
(b)  A regulatory authority may prescribe a reasonable format for the notice required under Subsection (a).
Added by Acts 2023, 88th Leg., R.S., Ch. 654 (H.B. 14), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 247 - Third-Party Review of Development Documents and Inspection of Improvements › Section 247.005. Waiver Prohibited

Sec. 247.005.  WAIVER PROHIBITED.  A regulatory authority may not request or require an applicant to waive a deadline or other procedure under this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 654 (H.B. 14), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 247 - Third-Party Review of Development Documents and Inspection of Improvements › Section 247.006. Appeal

Sec. 247.006.  APPEAL.  (a)  A person may appeal to the governing body of a political subdivision:
(1)  a decision to conditionally approve or disapprove a development document made by the regulatory authority for the political subdivision or a person authorized by Section 247.002(a) to perform the review of the document; or
(2)  a decision regarding a development inspection conducted by the regulatory authority or a person authorized by Section 247.002(b) to perform the inspection.
(b)  A person must file an appeal under this section not later than the 15th day after the date the decision being appealed is made.
(c)  If the governing body hearing the appeal does not affirm the decision being appealed by a majority vote on or before the 60th day after the date the appeal is filed:
(1)  the development document that is the subject of the appeal is considered approved; or
(2)  the development inspection that is the subject of the appeal is waived.
Added by Acts 2023, 88th Leg., R.S., Ch. 654 (H.B. 14), Sec. 1, eff. September 1, 2023.