Bill Text: TX SB13 | 2017 | 85th Legislature 1st Special Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the issuance of a permit by a political subdivision.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2017-08-09 - Left pending in committee [SB13 Detail]
Download: Texas-2017-SB13-Comm_Sub.html
Bill Title: Relating to the issuance of a permit by a political subdivision.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2017-08-09 - Left pending in committee [SB13 Detail]
Download: Texas-2017-SB13-Comm_Sub.html
By: Burton | S.B. No. 13 | |
(In the Senate - Filed July 14, 2017; July 20, 2017, read | ||
first time and referred to Committee on Business & Commerce; | ||
July 24, 2017, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 6, Nays 3; July 24, 2017, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 13 | By: Campbell |
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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) This section applies [ |
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to any [ |
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improve a building or other structure in the municipality or its | ||
extraterritorial jurisdiction. | ||
(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. | ||
(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 not extend the period for the municipality to act | ||
on an application under this subsection more than once. | ||
(d) If a municipality fails to act on [ |
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permit application within [ |
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Subsection (c) 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) 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) the specific actions required by the applicant 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 an applicant substantially completes the remedial | ||
actions specified in the notice under Subsection (e) within the | ||
period required, the applicant may request reconsideration of the | ||
determination. The municipality shall grant the permit if the | ||
municipality determines the applicant has substantially completed | ||
the specified remedial actions. 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 a final | ||
determination to grant or deny a permit application. If the | ||
municipality fails to send notice of a final determination within | ||
the period required by this subsection, the permit application is | ||
considered approved and the municipality shall issue the permit. | ||
(g) Written notice of the municipality's final | ||
determination that a permit is denied must include the information | ||
required by Subsections (e)(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). | ||
(h) 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 | ||
(2) a requirement for the applicant to comply with any | ||
ordinance, order, regulation, or policy that is not substantially | ||
related to the construction or improvement of a building or other | ||
structure. | ||
(i) 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 to construct or improve the same building or | ||
other structure 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. | ||
(j) 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) This section applies [ |
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to any [ |
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the construction or improvement of [ |
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structure in the county, but does not apply to a permit for an | ||
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; or | ||
(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. | ||
(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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not extend the period for the county to act on an application under | ||
this subsection more than once. | ||
(d) If a county fails to act on a permit application within | ||
[ |
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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) 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) the specific actions required by the applicant 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 an applicant substantially completes the remedial | ||
actions specified in the notice under Subsection (e) within the | ||
period required, the applicant may request reconsideration of the | ||
determination. The county shall grant the permit if the county | ||
determines the applicant has substantially completed the specified | ||
remedial actions. 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 a final determination to | ||
grant or deny a permit application. If the county fails to send | ||
notice of a final determination within the period required by this | ||
subsection, the permit application is considered approved and the | ||
county shall issue the permit. | ||
(g) Written notice of the county's final determination that | ||
a permit is denied must include the information required by | ||
Subsections (e)(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). | ||
(h) 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 | ||
(2) a requirement for the applicant to comply with any | ||
ordinance, order, regulation, or policy that is not substantially | ||
related to the activity for which the permit is required. | ||
(i) 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 to construct or improve the same building or | ||
other structure 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. | ||
(j) 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. | ||
(k) Nothing in this section shall be construed to authorize | ||
a county to require a permit to undertake an activity relating to | ||
the construction or improvement of a building or other structure in | ||
the county. | ||
SECTION 3. Sections 245.001(1) and (3), Local Government | ||
Code, are amended to read as follows: | ||
(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, including engaging in an occupation, or | ||
initiate, continue, or complete a project for which the permit is | ||
sought. | ||
(3) "Project" means an endeavor, occupation, or | ||
activity over which a regulatory agency exerts its jurisdiction and | ||
for which one or more permits are required to initiate, continue, | ||
engage in, or complete the endeavor, occupation, or activity. | ||
SECTION 4. Section 245.002, Local Government Code, is | ||
amended by amending Subsections (a-1) and (e) and adding | ||
Subsections (e-1) and (f-1) to read as follows: | ||
(a-1) Rights to which a permit applicant is entitled under | ||
this chapter accrue on the filing of an original application or plan | ||
for development or plat application that gives the regulatory | ||
agency fair notice of the project and the nature of the permit | ||
sought. An application or plan is considered filed on the date the | ||
applicant delivers the application or plan to the regulatory | ||
agency, [ |
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States Postal Service by certified mail addressed to the regulatory | ||
agency, or submits the application electronically if the regulatory | ||
agency accepts applications electronically by a method that | ||
provides confirmation of receipt. A certified mail receipt or | ||
other confirmation or receipt obtained by the applicant at the time | ||
of deposit or submission is prima facie evidence of the date the | ||
application or plan was filed [ |
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(e) A regulatory agency may provide that a permit | ||
application expires on or after the 61st [ |
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the application is filed if: | ||
(1) the applicant fails to provide documents or other | ||
information necessary to comply with the agency's technical | ||
requirements relating to the form and content of the permit | ||
application; | ||
(2) the agency provides to the applicant not later | ||
than the 10th business day after the date the application is filed | ||
written notice of the failure that specifies the necessary | ||
documents or other information required to complete the application | ||
and the date the application will expire if the documents or other | ||
information is not provided; and | ||
(3) the applicant fails to provide the specified | ||
documents or other information within the period [ |
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the notice. | ||
(e-1) A permit application may not expire before the 11th | ||
business day after the date the regulatory agency provides the | ||
applicant with the notice described by Subsection (e)(2). | ||
(f-1) A regulatory agency may not deny a permit application | ||
based on a requirement for the applicant to comply with any | ||
ordinance, order, regulation, or policy that is not substantially | ||
related to the purposes for which the permit is required. | ||
SECTION 5. Section 245.004, Local Government Code, is | ||
amended to read as follows: | ||
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) [ |
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[ |
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defined by Section 243.002, massage parlors as defined by Section | ||
234.101, or game rooms as defined by Section 234.131; | ||
(4) [ |
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regulations, or other requirements affecting colonias; | ||
(5) [ |
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development permits; | ||
(6) [ |
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affect landscaping or tree preservation or open space or park | ||
dedication; | ||
(7) [ |
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[ |
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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; | ||
(8) [ |
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located on public lands or easements; or | ||
(9) [ |
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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. | ||
SECTION 6. Chapter 245, Local Government Code, is amended | ||
by adding Sections 245.008 and 245.009 to read as follows: | ||
Sec. 245.008. PROCEDURES AND PERIOD FOR APPROVAL OR DENIAL | ||
OF PERMIT APPLICATIONS; PROHIBITED PERMIT REQUIREMENTS. | ||
(a) Except as provided by Section 214.904, 233.901, or other law | ||
that provides for a shorter period, a regulatory agency shall | ||
approve or make a preliminary determination to deny an application | ||
for a permit not later than the 60th business day after the date the | ||
regulatory agency received the completed application. | ||
(b) A regulatory agency may extend the period under | ||
Subsection (a) for approving or making a preliminary determination | ||
to deny an application by an additional 10 business days if the | ||
regulatory agency provides written notice of the extension to the | ||
applicant during that period stating the reasons the regulatory | ||
agency has been unable to grant or make a preliminary determination | ||
to deny the permit application during that period. A regulatory | ||
agency may not extend the period for the regulatory agency to act on | ||
an application under this subsection more than once. | ||
(c) If a regulatory agency fails to act on a completed | ||
application within the period required by this section, the | ||
application is considered to be approved and the regulatory agency | ||
shall issue the permit. | ||
(d) If a regulatory agency makes a preliminary | ||
determination to deny a permit application, the regulatory agency | ||
must send written notice of the determination to the applicant not | ||
later than the first business day after the date of the | ||
determination stating: | ||
(1) 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) the specific actions required by the applicant 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. | ||
(e) If an applicant substantially completes the remedial | ||
actions specified in the notice under Subsection (d) within the | ||
period required, the applicant may request reconsideration of the | ||
determination. The regulatory agency shall grant the permit if the | ||
regulatory agency determines the applicant has substantially | ||
completed the specified remedial actions. Not later than the 15th | ||
day after the date the applicant's request for reconsideration is | ||
received, the regulatory agency shall send the applicant written | ||
notice of a final determination to grant or deny a permit | ||
application. If the regulatory agency fails to send notice of a | ||
final determination within the period required by this subsection, | ||
the permit application is considered approved and the regulatory | ||
agency shall issue the permit. | ||
(f) Written notice of the regulatory agency's final | ||
determination that a permit is denied must include the information | ||
required by Subsections (d)(1) and (2) in addition to written | ||
findings of the reasons the regulatory agency determined that any | ||
remedial actions taken by the applicant were insufficient to | ||
correct the deficiencies specified in the notice provided under | ||
Subsection (d). | ||
(g) 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 (d); 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 a permit is required. | ||
Sec. 245.009. EXPEDITED PERMITTING PROCEDURES. (a) 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. | ||
(b) Any ordinance, order, regulation, or policy providing | ||
procedures for the expedited approval of a permit must comply with | ||
the requirements of this chapter. | ||
(c) 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 permit | ||
application; | ||
(2) require a private employer to offer wages higher | ||
than the wages required under Chapter 62, Labor Code; | ||
(3) authorize on-site monitoring of a private employer | ||
by a nongovernmental entity; or | ||
(4) require an applicant for an expedited permit to | ||
comply with an ordinance, order, regulation, or policy that is not | ||
substantially related to the purposes for which the permit is | ||
required. | ||
SECTION 7. Section 245.002(g), Local Government Code, is | ||
repealed. | ||
SECTION 8. 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 9. 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. | ||
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