HB 5071

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
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
(B)  local amendments to those codes enacted
solely to address imminent threats of destruction of property or
(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
(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
(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
(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
(B)  change development permitted by a
restrictive covenant required by a municipality.
SECTION 2.  This Act takes effect September 1, 2025.