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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a permit by a political subdivision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 214.904, Local Government Code, is |
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amended to read as follows: |
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Sec. 214.904. PROCEDURES AND PERIOD [TIME] FOR APPROVAL OR |
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DENIAL [ISSUANCE] OF MUNICIPAL [BUILDING] PERMIT APPLICATIONS; |
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PROHIBITED PERMIT REQUIREMENTS. (a) In this section, "permit" and |
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"project" have the meanings assigned by Section 245.001. |
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(a-1) This section applies [only] to any [a] permit required |
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by a municipality that relates to any project [to erect or improve a
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building or other structure in the municipality or its
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extraterritorial jurisdiction]. |
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(b) Not later than the 30th [45th] day after the date an |
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application for a permit is submitted, the municipality must: |
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(1) grant or make a preliminary determination to deny |
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the permit; |
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(2) provide written notice to the applicant stating |
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the reasons why the municipality has been unable to act on [grant or
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deny] the permit application; [or] |
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(3) reach a written agreement with the applicant |
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providing for a deadline not later than the 120th day after the date |
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the application was submitted for granting or denying the permit; |
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or |
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(4) grant conditional approval of the permit and |
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provide written notice to the applicant stating: |
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(A) the applicant has met the municipality's |
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requirements for the permit; |
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(B) the municipality has not received |
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documentation of state or federal approval relating to the permit |
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that is required under state or federal law; |
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(C) the municipality is granting conditional |
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approval of the permit; and |
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(D) the municipality will grant final approval of |
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the permit or deny the permit, as applicable, on the date the |
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municipality receives documentation of the state or federal |
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approval or disapproval. |
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(c) For a permit application for which notice is provided |
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under Subsection (b)(2), the municipality must grant or make a |
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preliminary determination to deny the permit not later than the |
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15th [30th] day after the date the notice is received. A |
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municipality may extend the period for the municipality to act on an |
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application under this subsection once by an additional 15 days. |
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(c-1) For a permit application for which notice is provided |
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under Subsection (b)(4), the municipality must grant the final |
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approval of the permit or deny the permit, as applicable, on the |
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date the municipality receives documentation of the state or |
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federal approval or disapproval relating to the permit. |
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(d) If a municipality fails to act on [grant or deny] a |
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permit application within [in] the period [time] required by |
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Subsection (c) or (c-1) or by an agreement under Subsection (b)(3), |
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the permit application is considered approved and the municipality: |
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(1) may not collect any permit fees associated with |
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the application; [and] |
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(2) shall refund to the applicant any permit fees |
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associated with the application that have been collected; and |
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(3) shall issue the permit. |
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(e) If a municipality makes a preliminary determination to |
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deny a permit application, the municipality must send written |
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notice of the determination to the applicant not later than the |
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first business day after the date the determination is made |
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stating: |
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(1) a plain language description of each deficiency |
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that is a reason for the determination, including a citation to the |
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specific ordinance, order, regulation, or policy relevant to the |
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determination; |
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(2) general guidance regarding how to remedy each |
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specified deficiency; and |
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(3) a deadline not earlier than the 30th day after the |
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date the notice is sent for the applicant to complete the remedial |
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actions specified in the notice before the denial becomes final. |
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(f) If the municipality makes a reasonable determination |
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that a new deficiency has arisen from a remedial action taken by the |
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applicant, the municipality must send written notice not later than |
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the first business day after the date the determination is made |
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stating: |
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(1) a plain language description of each new |
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deficiency, including a citation to the specific ordinance, order, |
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regulation, or policy relevant to the deficiency; |
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(2) general guidance regarding how to remedy each |
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specified deficiency; and |
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(3) a new deadline not earlier than the 30th day after |
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the date the notice is sent under this subsection for the applicant |
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to complete all of the remedial actions. |
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(g) If an applicant substantially completes the remedial |
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actions specified in the notice under Subsection (e) and, if |
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applicable, Subsection (f) within the period required, the |
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applicant may request reconsideration of the determination. If the |
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municipality determines the applicant has substantially completed |
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the specified remedial actions, the municipality shall: |
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(1) grant the permit; or |
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(2) conditionally approve the permit, if the |
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municipality has not received documentation of state or federal |
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approval relating to the permit that is required under state or |
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federal law. |
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(g-1) Not later than the 15th day after the date the |
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applicant's request for reconsideration is received, the |
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municipality shall send the applicant written notice of: |
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(1) a final determination to grant or deny the permit; |
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or |
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(2) a determination to conditionally approve the |
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permit until state or federal approval or disapproval relating to |
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the permit is received. |
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(g-2) If the municipality fails to send notice of a final |
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determination to grant or deny a permit within the period required |
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by Subsection (g-1), the permit application is considered approved |
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and the municipality shall issue the permit. If the municipality |
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fails to send notice of a conditional approval of the permit within |
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the period required by Subsection (g-1), the permit application is |
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considered conditionally approved by the municipality and the |
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municipality shall issue or deny the permit, as applicable, on the |
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date the municipality receives documentation of the state or |
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federal approval or disapproval relating to the permit. |
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(h) Written notice of the municipality's final |
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determination that a permit is denied must include the information |
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required by Subsections (e)(1) and (2) and, if applicable, |
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Subsections (f)(1) and (2) in addition to written findings of the |
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reasons the municipality determined that any remedial actions taken |
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by the applicant were insufficient to correct the deficiencies |
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specified in the notice provided under Subsection (e) or (f). |
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(i) Any final determination that a permit is denied may not |
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be based on: |
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(1) a reason or remedial requirement that was not |
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previously disclosed to the applicant in the notice required under |
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Subsection (e) or (f); or |
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(2) a requirement for the applicant to comply with any |
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ordinance, order, regulation, or policy that is not substantially |
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related to the project for which the permit is required. |
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(j) A municipality may not adopt or enforce an ordinance, |
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order, regulation, or policy relating to granting or denying a |
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permit that: |
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(1) restricts or prohibits the right of an applicant |
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to reapply for a permit that was the subject of a denied permit |
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application; |
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(2) requires a private employer to offer wages higher |
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than the wages required under Chapter 62, Labor Code; or |
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(3) authorizes on-site monitoring of a private |
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employer by a nongovernmental entity. |
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(k) The right of a permit applicant to the issuance of a |
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determination or a permit as required by this section may be |
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enforced only through mandamus or declaratory or injunctive relief. |
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A municipality's immunity from suit is waived in regard to an action |
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under this section. |
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SECTION 2. Section 233.901, Local Government Code, is |
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amended to read as follows: |
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Sec. 233.901. PROCEDURES AND PERIOD [TIME] FOR APPROVAL OR |
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DENIAL [ISSUANCE] OF COUNTY [BUILDING] PERMIT APPLICATIONS; |
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PROHIBITED PERMIT REQUIREMENTS. (a) In this section, "permit" and |
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"project" have the meanings assigned by Section 245.001. |
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(a-1) This section applies [only] to any [a] permit required |
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by a county that relates to any project [with a population of 3.3
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million or more to construct or improve a building or other
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structure in the county], but does not apply to a permit for an |
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on-site sewage disposal system. |
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(b) Not later than the 30th [45th] day after the date an |
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application for a permit is submitted, the county must: |
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(1) grant or make a preliminary determination to deny |
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the permit; |
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(2) provide written notice to the applicant stating |
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the reasons why the county has been unable to act on the permit |
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application; [or] |
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(3) reach a written agreement with the applicant |
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providing for a deadline not later than the 120th day after the date |
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the application was submitted for granting or denying the permit; |
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or |
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(4) grant conditional approval of the permit and |
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provide written notice to the applicant stating: |
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(A) the applicant has met the county's |
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requirements for the permit; |
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(B) the county has not received documentation of |
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state or federal approval relating to the permit that is required |
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under state or federal law; |
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(C) the county is granting conditional approval |
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of the permit; and |
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(D) the county will grant final approval of the |
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permit or deny the permit, as applicable, on the date the county |
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receives documentation of the state or federal approval or |
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disapproval. |
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(c) For a permit application for which notice is provided |
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under Subsection (b)(2), the county must grant or make a |
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preliminary determination to deny the permit not later than the |
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15th [30th] day after the date the notice is received. A county may |
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extend the period for the county to act on an application under this |
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subsection once by an additional 15 days. |
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(c-1) For a permit application for which notice is provided |
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under Subsection (b)(4), the county must grant the final approval |
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of the permit or deny the permit, as applicable, on the date the |
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county receives documentation of the state or federal approval or |
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disapproval relating to the permit. |
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(d) If a county fails to act on a permit application within |
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[in] the period [time] required by Subsection (c) or (c-1) or by an |
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agreement under Subsection (b)(3), the permit application is |
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considered approved and the county: |
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(1) may not collect any permit fees associated with |
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the application; [and] |
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(2) shall refund to the applicant any permit fees |
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associated with the application that have been collected; and |
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(3) shall issue the permit. |
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(e) If a county makes a preliminary determination to deny a |
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permit application, the county must send written notice of the |
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determination to the applicant not later than the first business |
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day after the date the determination is made stating: |
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(1) a plain language description of each deficiency |
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that is a reason for the determination, including a citation to the |
|
specific ordinance, order, regulation, or policy relevant to the |
|
determination; |
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(2) general guidance regarding how to remedy each |
|
specified deficiency; and |
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(3) a deadline not earlier than the 30th day after the |
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date the notice is sent for the applicant to complete the remedial |
|
actions specified in the notice before the denial becomes final. |
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(f) If the county makes a reasonable determination that a |
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new deficiency has arisen from a remedial action taken by the |
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applicant, the county must send written notice not later than the |
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first business day after the date the determination is made |
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stating: |
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(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 |
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(3) a new deadline not earlier than the 30th day after |
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the date the notice is sent under this subsection for the applicant |
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to complete all of the remedial actions. |
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(g) If an applicant substantially completes the remedial |
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actions specified in the notice under Subsection (e) and, if |
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applicable, Subsection (f) within the period required, the |
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applicant may request reconsideration of the determination. If the |
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county determines the applicant has substantially completed the |
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specified remedial actions, the county shall: |
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(1) grant the permit; or |
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(2) conditionally approve the permit, if the county |
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has not received documentation of state or federal approval |
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relating to the permit that is required under state or federal law. |
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(g-1) Not later than the 15th day after the date the |
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applicant's request for reconsideration is received, the county |
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shall send the applicant written notice of: |
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(1) a final determination to grant or deny the permit; |
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or |
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(2) a determination to conditionally approve the |
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permit until state or federal approval or disapproval relating to |
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the permit is received. |
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(g-2) If the county fails to send notice of a final |
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determination to grant or deny a permit within the period required |
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by Subsection (g-1), the permit application is considered approved |
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and the county shall issue the permit. If the county fails to send |
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notice of a conditional approval of the permit within the period |
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required by Subsection (g-1), the permit application is considered |
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conditionally approved by the county and the county shall issue or |
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deny the permit, as applicable, on the date the county receives |
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documentation of the state or federal approval or disapproval |
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relating to the permit. |
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(h) Written notice of the county's final determination that |
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a permit is denied must include the information required by |
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Subsections (e)(1) and (2) and, if applicable, Subsections (f)(1) |
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and (2) in addition to written findings of the reasons the county |
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determined that any remedial actions taken by the applicant were |
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insufficient to correct the deficiencies specified in the notice |
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provided under Subsection (e) or (f). |
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(i) Any final determination that a permit is denied may not |
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be based on: |
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(1) a reason or remedial requirement that was not |
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previously disclosed to the applicant in the notice required under |
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Subsection (e) or (f); or |
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(2) a requirement for the applicant to comply with any |
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ordinance, order, regulation, or policy that is not substantially |
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related to the project for which the permit is required. |
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(j) A county may not adopt or enforce an ordinance, order, |
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regulation, or policy relating to granting or denying a permit |
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that: |
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(1) restricts or prohibits the right of an applicant |
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to reapply for a permit that was the subject of a denied permit |
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application; |
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(2) requires a private employer to offer wages higher |
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than the wages required under Chapter 62, Labor Code; or |
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(3) authorizes on-site monitoring of a private |
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employer by a nongovernmental entity. |
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(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. |
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A county's immunity from suit is waived in regard to an action under |
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this section. |
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(l) Nothing in this section shall be construed to authorize |
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a county to require a permit to undertake a project in the county. |
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SECTION 3. Chapter 250, Local Government Code, is amended |
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by adding Section 250.010 to read as follows: |
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Sec. 250.010. EXPEDITED PERMITTING PROCEDURES. (a) In |
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this section, "permit" and "political subdivision" have the |
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meanings assigned by Section 245.001. |
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(b) This title does not prohibit a political subdivision |
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from adopting procedures to provide a shorter period than provided |
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by law for the approval of a permit. |
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(c) Any ordinance, order, regulation, or policy providing |
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procedures for the expedited approval of a permit must comply with |
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the requirements of other law, other than the period for the |
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approval of a permit. |
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(d) A procedure authorized by this section may not: |
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(1) restrict or prohibit the right of an applicant to |
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reapply for a permit that was the subject of a denied expedited |
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permit application; or |
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(2) include any additional conditions or requirements |
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for the expedited approval of the permit, other than a reasonable |
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fee to offset the increased costs of expediting the permit. |
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SECTION 4. The changes in law made by this Act apply only to |
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a permit application filed on or after the effective date of this |
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Act. An application filed before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect December 1, 2017. |