Texas 2017 - 85th Regular

Texas House Bill HB898 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R5450 JTS-F
2	2	By: Workman H.B. No. 898
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the issuance of local permits by a regulatory agency of
8	8	a political subdivision.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 245.006, Local Government Code, is
11	11	amended to read as follows:
12	12	Sec. 245.006. ENFORCEMENT OF CHAPTER. (a) Except as
13	13	provided by Section 245.0061, this [This] chapter may be enforced
14	14	only through mandamus or declaratory or injunctive relief.
15	15	(b) A political subdivision's immunity from suit is waived
16	16	in regard to an action under this chapter. A political subdivision
17	17	that has been found by a court to have violated this chapter is
18	18	liable for:
19	19	(1) actual damages;
20	20	(2) reasonable attorney's fees;
21	21	(3) administrative and court costs; and
22	22	(4) the applicant's portion of the cost of any
23	23	mediation requested under Section 245.0061 that did not result in
24	24	an agreement.
25	25	SECTION 2. Chapter 245, Local Government Code, is amended
26	26	by adding Section 245.0061 to read as follows:
27	27	Sec. 245.0061. REQUIRED MEDIATION ON REQUEST OF PERMIT
28	28	APPLICANT. (a) A permit applicant may request mandatory mediation
29	29	regarding any regulatory agency determination that this chapter
30	30	does not apply to the applicant's project.
31	31	(b) The mediation must begin not later than the 30th day
32	32	after written notice by the permit applicant to the regulatory
33	33	agency official who made the determination under Subsection (a).
34	34	(c) The mediation shall be conducted before a licensed
35	35	attorney mediator chosen by agreement of the parties from a pool of
36	36	mediators approved by the attorney general.
37	37	(d) Each party must pay the mediator one half of the cost of
38	38	the mediation on the day of the mediation.
39	39	(e) If the parties fail to reach a mediated agreement, the
40	40	permit applicant may initiate a suit for mandamus or injunctive
41	41	relief in a court of law.
42	42	(f) Failure by a regulatory agency to begin the mediation in
43	43	the period described by Subsection (b) constitutes a final
44	44	determination by the regulatory agency that the requested permit is
45	45	subject to the original project rules, regulations, ordinances, and
46	46	requirements as requested by the permit applicant, if the
47	47	regulatory agency's failure is verified by:
48	48	(1) the mediator selected by the parties; or
49	49	(2) the mediator selected by the permit applicant, if
50	50	the regulatory agency and the permit applicant do not select a
51	51	mediator by agreement.
52	52	SECTION 3. Chapter 245, Local Government Code, is amended
53	53	by adding Section 245.008 to read as follows:
54	54	Sec. 245.008. REGULATORY AGENCY FEE PROHIBITED. A
55	55	regulatory agency may not impose a fee for the agency to review an
56	56	application for determination of the applicability of this chapter
57	57	to the applicant's project.
58	58	SECTION 4. Section 245.006(b), Local Government Code, as
59	59	amended by this Act, applies only to an action that commences on or
60	60	after the effective date of this Act. An action that commences
61	61	before the effective date of this Act is governed by the law in
62	62	effect on the date the action commenced, and the former law is
63	63	continued in effect for that purpose.
64	64	SECTION 5. This Act takes effect September 1, 2017.