Bill Text: TX SB13 | 2017 | 85th Legislature 1st Special Session | Engrossed
Bill Title: Relating to the issuance of a permit by a political subdivision.
Sponsorship: Partisan Bill (Republican 4)
Status: (Engrossed - Dead) 2017-08-09 - Left pending in committee [SB13 Detail]
Download: Texas-2017-SB13-Engrossed.html
| By: Burton, et al. | S.B. No. 13 | |
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| relating to the issuance of a permit by a political subdivision. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 214.904, Local Government Code, is | ||
| amended to read as follows: | ||
| Sec. 214.904. PROCEDURES AND PERIOD [ |
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| DENIAL [ |
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| PROHIBITED PERMIT REQUIREMENTS. (a) In this section, "permit" and | ||
| "project" have the meanings assigned by Section 245.001. | ||
| (a-1) This section applies [ |
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| by a municipality that relates to any project [ |
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| (b) Not later than the 30th [ |
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| application for a permit is submitted, the municipality must: | ||
| (1) grant or make a preliminary determination to deny | ||
| the permit; | ||
| (2) provide written notice to the applicant stating | ||
| the reasons why the municipality has been unable to act on [ |
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| (3) reach a written agreement with the applicant | ||
| providing for a deadline not later than the 120th day after the date | ||
| the application was submitted for granting or denying the permit; | ||
| or | ||
| (4) grant conditional approval of the permit and | ||
| provide written notice to the applicant stating: | ||
| (A) the applicant has met the municipality's | ||
| requirements for the permit; | ||
| (B) the municipality has not received | ||
| documentation of state or federal approval relating to the permit | ||
| that is required under state or federal law; | ||
| (C) the municipality is granting conditional | ||
| approval of the permit; and | ||
| (D) the municipality will grant final approval of | ||
| the permit or deny the permit, as applicable, on the date the | ||
| municipality receives documentation of the state or federal | ||
| approval or disapproval. | ||
| (c) For a permit application for which notice is provided | ||
| under Subsection (b)(2), the municipality must grant or make a | ||
| preliminary determination to deny the permit not later than the | ||
| 15th [ |
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| municipality may extend the period for the municipality to act on an | ||
| application under this subsection once by an additional 15 days. | ||
| (c-1) For a permit application for which notice is provided | ||
| under Subsection (b)(4), the municipality must grant the final | ||
| approval of the permit or deny the permit, as applicable, on the | ||
| date the municipality receives documentation of the state or | ||
| federal approval or disapproval relating to the permit. | ||
| (d) If a municipality fails to act on [ |
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| permit application within [ |
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| Subsection (c) or (c-1) or by an agreement under Subsection (b)(3), | ||
| the permit application is considered approved and the municipality: | ||
| (1) may not collect any permit fees associated with | ||
| the application; [ |
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| (2) shall refund to the applicant any permit fees | ||
| associated with the application that have been collected; and | ||
| (3) shall issue the permit. | ||
| (e) If a municipality makes a preliminary determination to | ||
| deny a permit application, the municipality must send written | ||
| notice of the determination to the applicant not later than the | ||
| first business day after the date the determination is made | ||
| stating: | ||
| (1) a plain language description of each deficiency | ||
| that is a reason for the determination, including a citation to the | ||
| specific ordinance, order, regulation, or policy relevant to the | ||
| determination; | ||
| (2) general guidance regarding how to remedy each | ||
| specified deficiency; and | ||
| (3) a deadline not earlier than the 30th day after the | ||
| date the notice is sent for the applicant to complete the remedial | ||
| actions specified in the notice before the denial becomes final. | ||
| (f) If the municipality makes a reasonable determination | ||
| that a new deficiency has arisen from a remedial action taken by the | ||
| applicant, the municipality must send written notice not later than | ||
| the first business day after the date the determination is made | ||
| stating: | ||
| (1) a plain language description of each new | ||
| deficiency, including a citation to the specific ordinance, order, | ||
| regulation, or policy relevant to the deficiency; | ||
| (2) general guidance regarding how to remedy each | ||
| specified deficiency; and | ||
| (3) a new deadline not earlier than the 30th day after | ||
| the date the notice is sent under this subsection for the applicant | ||
| to complete all of the remedial actions. | ||
| (g) If an applicant substantially completes the remedial | ||
| actions specified in the notice under Subsection (e) and, if | ||
| applicable, Subsection (f) within the period required, the | ||
| applicant may request reconsideration of the determination. If the | ||
| municipality determines the applicant has substantially completed | ||
| the specified remedial actions, the municipality shall: | ||
| (1) grant the permit; or | ||
| (2) conditionally approve the permit, if the | ||
| municipality has not received documentation of state or federal | ||
| approval relating to the permit that is required under state or | ||
| federal law. | ||
| (g-1) Not later than the 15th day after the date the | ||
| applicant's request for reconsideration is received, the | ||
| municipality shall send the applicant written notice of: | ||
| (1) a final determination to grant or deny the permit; | ||
| or | ||
| (2) a determination to conditionally approve the | ||
| permit until state or federal approval or disapproval relating to | ||
| the permit is received. | ||
| (g-2) If the municipality fails to send notice of a final | ||
| determination to grant or deny a permit within the period required | ||
| by Subsection (g-1), the permit application is considered approved | ||
| and the municipality shall issue the permit. If the municipality | ||
| fails to send notice of a conditional approval of the permit within | ||
| the period required by Subsection (g-1), the permit application is | ||
| considered conditionally approved by the municipality and the | ||
| municipality shall issue or deny the permit, as applicable, on the | ||
| date the municipality receives documentation of the state or | ||
| federal approval or disapproval relating to the permit. | ||
| (h) Written notice of the municipality's final | ||
| determination that a permit is denied must include the information | ||
| required by Subsections (e)(1) and (2) and, if applicable, | ||
| Subsections (f)(1) and (2) in addition to written findings of the | ||
| reasons the municipality determined that any remedial actions taken | ||
| by the applicant were insufficient to correct the deficiencies | ||
| specified in the notice provided under Subsection (e) or (f). | ||
| (i) Any final determination that a permit is denied may not | ||
| be based on: | ||
| (1) a reason or remedial requirement that was not | ||
| previously disclosed to the applicant in the notice required under | ||
| Subsection (e) or (f); or | ||
| (2) a requirement for the applicant to comply with any | ||
| ordinance, order, regulation, or policy that is not substantially | ||
| related to the project for which the permit is required. | ||
| (j) A municipality may not adopt or enforce an ordinance, | ||
| order, regulation, or policy relating to granting or denying a | ||
| permit that: | ||
| (1) restricts or prohibits the right of an applicant | ||
| to reapply for a permit that was the subject of a denied permit | ||
| application; | ||
| (2) requires a private employer to offer wages higher | ||
| than the wages required under Chapter 62, Labor Code; or | ||
| (3) authorizes on-site monitoring of a private | ||
| employer by a nongovernmental entity. | ||
| (k) The right of a permit applicant to the issuance of a | ||
| determination or a permit as required by this section may be | ||
| enforced only through mandamus or declaratory or injunctive relief. | ||
| A municipality's immunity from suit is waived in regard to an action | ||
| under this section. | ||
| SECTION 2. Section 233.901, Local Government Code, is | ||
| amended to read as follows: | ||
| Sec. 233.901. PROCEDURES AND PERIOD [ |
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| DENIAL [ |
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| PROHIBITED PERMIT REQUIREMENTS. (a) In this section, "permit" and | ||
| "project" have the meanings assigned by Section 245.001. | ||
| (a-1) This section applies [ |
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| by a county that relates to any project [ |
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| on-site sewage disposal system. | ||
| (b) Not later than the 30th [ |
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| application for a permit is submitted, the county must: | ||
| (1) grant or make a preliminary determination to deny | ||
| the permit; | ||
| (2) provide written notice to the applicant stating | ||
| the reasons why the county has been unable to act on the permit | ||
| application; [ |
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| (3) reach a written agreement with the applicant | ||
| providing for a deadline not later than the 120th day after the date | ||
| the application was submitted for granting or denying the permit; | ||
| or | ||
| (4) grant conditional approval of the permit and | ||
| provide written notice to the applicant stating: | ||
| (A) the applicant has met the county's | ||
| requirements for the permit; | ||
| (B) the county has not received documentation of | ||
| state or federal approval relating to the permit that is required | ||
| under state or federal law; | ||
| (C) the county is granting conditional approval | ||
| of the permit; and | ||
| (D) the county will grant final approval of the | ||
| permit or deny the permit, as applicable, on the date the county | ||
| receives documentation of the state or federal approval or | ||
| disapproval. | ||
| (c) For a permit application for which notice is provided | ||
| under Subsection (b)(2), the county must grant or make a | ||
| preliminary determination to deny the permit not later than the | ||
| 15th [ |
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| extend the period for the county to act on an application under this | ||
| subsection once by an additional 15 days. | ||
| (c-1) For a permit application for which notice is provided | ||
| under Subsection (b)(4), the county must grant the final approval | ||
| of the permit or deny the permit, as applicable, on the date the | ||
| county receives documentation of the state or federal approval or | ||
| disapproval relating to the permit. | ||
| (d) If a county fails to act on a permit application within | ||
| [ |
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| agreement under Subsection (b)(3), the permit application is | ||
| considered approved and the county: | ||
| (1) may not collect any permit fees associated with | ||
| the application; [ |
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| (2) shall refund to the applicant any permit fees | ||
| associated with the application that have been collected; and | ||
| (3) shall issue the permit. | ||
| (e) If a county makes a preliminary determination to deny a | ||
| permit application, the county must send written notice of the | ||
| determination to the applicant not later than the first business | ||
| day after the date the determination is made stating: | ||
| (1) a plain language description of each deficiency | ||
| that is a reason for the determination, including a citation to the | ||
| specific ordinance, order, regulation, or policy relevant to the | ||
| determination; | ||
| (2) general guidance regarding how to remedy each | ||
| specified deficiency; and | ||
| (3) a deadline not earlier than the 30th day after the | ||
| date the notice is sent for the applicant to complete the remedial | ||
| actions specified in the notice before the denial becomes final. | ||
| (f) If the county makes a reasonable determination that a | ||
| new deficiency has arisen from a remedial action taken by the | ||
| applicant, the county must send written notice not later than the | ||
| first business day after the date the determination is made | ||
| stating: | ||
| (1) a plain language description of each new | ||
| deficiency, including a citation to the specific ordinance, order, | ||
| regulation, or policy relevant to the deficiency; | ||
| (2) general guidance regarding how to remedy each | ||
| specified deficiency; and | ||
| (3) a new deadline not earlier than the 30th day after | ||
| the date the notice is sent under this subsection for the applicant | ||
| to complete all of the remedial actions. | ||
| (g) If an applicant substantially completes the remedial | ||
| actions specified in the notice under Subsection (e) and, if | ||
| applicable, Subsection (f) within the period required, the | ||
| applicant may request reconsideration of the determination. If the | ||
| county determines the applicant has substantially completed the | ||
| specified remedial actions, the county shall: | ||
| (1) grant the permit; or | ||
| (2) conditionally approve the permit, if the county | ||
| has not received documentation of state or federal approval | ||
| relating to the permit that is required under state or federal law. | ||
| (g-1) Not later than the 15th day after the date the | ||
| applicant's request for reconsideration is received, the county | ||
| shall send the applicant written notice of: | ||
| (1) a final determination to grant or deny the permit; | ||
| or | ||
| (2) a determination to conditionally approve the | ||
| permit until state or federal approval or disapproval relating to | ||
| the permit is received. | ||
| (g-2) If the county fails to send notice of a final | ||
| determination to grant or deny a permit within the period required | ||
| by Subsection (g-1), the permit application is considered approved | ||
| and the county shall issue the permit. If the county fails to send | ||
| notice of a conditional approval of the permit within the period | ||
| required by Subsection (g-1), the permit application is considered | ||
| conditionally approved by the county and the county shall issue or | ||
| deny the permit, as applicable, on the date the county receives | ||
| documentation of the state or federal approval or disapproval | ||
| relating to the permit. | ||
| (h) Written notice of the county's final determination that | ||
| a permit is denied must include the information required by | ||
| Subsections (e)(1) and (2) and, if applicable, Subsections (f)(1) | ||
| and (2) in addition to written findings of the reasons the county | ||
| determined that any remedial actions taken by the applicant were | ||
| insufficient to correct the deficiencies specified in the notice | ||
| provided under Subsection (e) or (f). | ||
| (i) Any final determination that a permit is denied may not | ||
| be based on: | ||
| (1) a reason or remedial requirement that was not | ||
| previously disclosed to the applicant in the notice required under | ||
| Subsection (e) or (f); or | ||
| (2) a requirement for the applicant to comply with any | ||
| ordinance, order, regulation, or policy that is not substantially | ||
| related to the project for which the permit is required. | ||
| (j) A county may not adopt or enforce an ordinance, order, | ||
| regulation, or policy relating to granting or denying a permit | ||
| that: | ||
| (1) restricts or prohibits the right of an applicant | ||
| to reapply for a permit that was the subject of a denied permit | ||
| application; | ||
| (2) requires a private employer to offer wages higher | ||
| than the wages required under Chapter 62, Labor Code; or | ||
| (3) authorizes on-site monitoring of a private | ||
| employer by a nongovernmental entity. | ||
| (k) The right of a permit applicant to the issuance of a | ||
| determination or a permit as required by this section may be | ||
| enforced only through mandamus or declaratory or injunctive relief. | ||
| A county's immunity from suit is waived in regard to an action under | ||
| this section. | ||
| (l) Nothing in this section shall be construed to authorize | ||
| a county to require a permit to undertake a project in the county. | ||
| SECTION 3. Chapter 250, Local Government Code, is amended | ||
| by adding Section 250.010 to read as follows: | ||
| Sec. 250.010. EXPEDITED PERMITTING PROCEDURES. (a) In | ||
| this section, "permit" and "political subdivision" have the | ||
| meanings assigned by Section 245.001. | ||
| (b) This title does not prohibit a political subdivision | ||
| from adopting procedures to provide a shorter period than provided | ||
| by law for the approval of a permit. | ||
| (c) Any ordinance, order, regulation, or policy providing | ||
| procedures for the expedited approval of a permit must comply with | ||
| the requirements of other law, other than the period for the | ||
| approval of a permit. | ||
| (d) A procedure authorized by this section may not: | ||
| (1) restrict or prohibit the right of an applicant to | ||
| reapply for a permit that was the subject of a denied expedited | ||
| permit application; or | ||
| (2) include any additional conditions or requirements | ||
| for the expedited approval of the permit, other than a reasonable | ||
| fee to offset the increased costs of expediting the permit. | ||
| SECTION 4. The changes in law made by this Act apply only to | ||
| a permit application filed on or after the effective date of this | ||
| Act. An application filed before the effective date of this Act is | ||
| governed by the law in effect immediately before the effective date | ||
| of this Act, and the former law is continued in effect for that | ||
| purpose. | ||
| SECTION 5. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect December 1, 2017. | ||
