Bill Text: TX SB13 | 2017 | 85th Legislature 1st Special Session | Engrossed


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-Engrossed.html
 
 
  By: Burton, et al. S.B. No. 13
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [TIME] FOR APPROVAL OR
  DENIAL [ISSUANCE] OF MUNICIPAL [BUILDING] PERMIT APPLICATIONS;
  PROHIBITED PERMIT REQUIREMENTS. (a)  In this section, "permit" and
  "project" have the meanings assigned by Section 245.001.
         (a-1)  This section applies [only] to any [a] permit required
  by a municipality that relates to any project [to erect or improve a
  building or other structure in the municipality or its
  extraterritorial jurisdiction].
         (b)  Not later than the 30th [45th] day after the date an
  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 [grant or
  deny] 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;
  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 [30th] day after the date the notice is received. A
  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 [grant or deny] a
  permit application within [in] the period [time] required by
  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; [and]
               (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 [TIME] FOR APPROVAL OR
  DENIAL [ISSUANCE] OF COUNTY [BUILDING] PERMIT APPLICATIONS;
  PROHIBITED PERMIT REQUIREMENTS. (a)  In this section, "permit" and
  "project" have the meanings assigned by Section 245.001.
         (a-1)  This section applies [only] to any [a] permit required
  by a county that relates to any project [with a population of 3.3
  million or more to construct or improve a building or other
  structure in the county], but does not apply to a permit for an
  on-site sewage disposal system.
         (b)  Not later than the 30th [45th] day after the date an
  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;
  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 [30th] day after the date the notice is received. A county may
  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 
  [in] the period [time] required by Subsection (c) or (c-1) or by an
  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; [and]
               (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.
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