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