HB 2506, filed by Rep. Mike Villarreal, is scheduled for a public hearing on Monday, April 27th.
HB 2506 would limit the ability of a developer to seek exemptions from current city ordinances on the basis of dated plat or permit application. Currently, a developer may bring suit if a city denies the developerʹs petition to transfer the vested development rights of a dated plat or permit to a new permit for construction at the same location as the dated plat or permit. The bill would require that the developer bring suit in such a case within five years after submitting the original plat or permit application.
Current state law exempts development projects from city ordinances that were passed after a city received the first plats or permit applications. The grandfathered exemption may be continued regardless of how vague or old the original applications were, whether the property is sold or used for a different purpose, or how many years or decades pass before any construction begins. As a result, communities have often been unable to enforce local requirements regarding protection of the water supply, trees, or other local resources.
If you are a constituent of any of the members of the Judiciary and Civil Jurisprudence Committee, please contact your Representative and urge him or her to support this important bill!
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