Bill Text: TX HB898 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the issuance of local permits by a regulatory agency of a political subdivision.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2017-04-28 - Committee report sent to Calendars [HB898 Detail]
Download: Texas-2017-HB898-Introduced.html
| 85R5450 JTS-F | ||
| By: Workman | H.B. No. 898 | |
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| relating to the issuance of local permits by a regulatory agency of | ||
| a political subdivision. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 245.006, Local Government Code, is | ||
| amended to read as follows: | ||
| Sec. 245.006. ENFORCEMENT OF CHAPTER. (a) Except as | ||
| provided by Section 245.0061, this [ |
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| 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. A political subdivision | ||
| that has been found by a court to have violated this chapter is | ||
| liable for: | ||
| (1) actual damages; | ||
| (2) reasonable attorney's fees; | ||
| (3) administrative and court costs; and | ||
| (4) the applicant's portion of the cost of any | ||
| mediation requested under Section 245.0061 that did not result in | ||
| an agreement. | ||
| SECTION 2. Chapter 245, Local Government Code, is amended | ||
| by adding Section 245.0061 to read as follows: | ||
| Sec. 245.0061. REQUIRED MEDIATION ON REQUEST OF PERMIT | ||
| APPLICANT. (a) A permit applicant may request mandatory mediation | ||
| regarding any regulatory agency determination that this chapter | ||
| does not apply to the applicant's project. | ||
| (b) The mediation must begin not later than the 30th day | ||
| after written notice by the permit applicant to the regulatory | ||
| agency official who made the determination under Subsection (a). | ||
| (c) The mediation shall be conducted before a licensed | ||
| attorney mediator chosen by agreement of the parties from a pool of | ||
| mediators approved by the attorney general. | ||
| (d) Each party must pay the mediator one half of the cost of | ||
| the mediation on the day of the mediation. | ||
| (e) If the parties fail to reach a mediated agreement, the | ||
| permit applicant may initiate a suit for mandamus or injunctive | ||
| relief in a court of law. | ||
| (f) Failure by a regulatory agency to begin the mediation in | ||
| the period described by Subsection (b) constitutes a final | ||
| determination by the regulatory agency that the requested permit is | ||
| subject to the original project rules, regulations, ordinances, and | ||
| requirements as requested by the permit applicant, if the | ||
| regulatory agency's failure is verified by: | ||
| (1) the mediator selected by the parties; or | ||
| (2) the mediator selected by the permit applicant, if | ||
| the regulatory agency and the permit applicant do not select a | ||
| mediator by agreement. | ||
| SECTION 3. Chapter 245, Local Government Code, is amended | ||
| by adding Section 245.008 to read as follows: | ||
| Sec. 245.008. REGULATORY AGENCY FEE PROHIBITED. A | ||
| regulatory agency may not impose a fee for the agency to review an | ||
| application for determination of the applicability of this chapter | ||
| to the applicant's project. | ||
| SECTION 4. Section 245.006(b), Local Government Code, as | ||
| amended by this Act, applies only to an action that commences on or | ||
| after the effective date of this Act. An action that commences | ||
| before the effective date of this Act is governed by the law in | ||
| effect on the date the action commenced, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 5. This Act takes effect September 1, 2017. | ||
