Texas 2017 - 85th 1st C.S.

Texas House Bill HB164 Compare Versions

Only one version of the bill is available at this time.

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1	1	85S10600 NC-F
2	2	By: Workman H.B. No. 164
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the issuance of a permit by a political subdivision.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 214.904, Local Government Code, is
10	10	amended to read as follows:
11	11	Sec. 214.904. PROCEDURES AND PERIOD [TIME] FOR APPROVAL OR
12	12	DENIAL [ISSUANCE] OF MUNICIPAL BUILDING PERMIT APPLICATIONS;
13	13	PROHIBITED PERMIT REQUIREMENTS. (a) This section applies [only]
14	14	to any [a] permit required by a municipality to construct [erect] or
15	15	improve a building or other structure in the municipality or its
16	16	extraterritorial jurisdiction.
17	17	(b) Not later than the 30th [45th] day after the date an
18	18	application for a permit is submitted, the municipality must:
19	19	(1) grant or make a preliminary determination to deny
20	20	the permit;
21	21	(2) provide written notice to the applicant stating
22	22	the reasons why the municipality has been unable to act on [grant or
23	23	deny] the permit application; or
24	24	(3) reach a written agreement with the applicant
25	25	providing for a deadline not later than the 120th day after the date
26	26	the application was submitted for granting or denying the permit.
27	27	(c) For a permit application for which notice is provided
28	28	under Subsection (b)(2), the municipality must grant or make a
29	29	preliminary determination to deny the permit not later than the
30	30	15th [30th] day after the date the notice is received. A
31	31	municipality may not extend the period for the municipality to act
32	32	on an application under this subsection more than once.
33	33	(d) If a municipality fails to act on [grant or deny] a
34	34	permit application within [in] the period [time] required by
35	35	Subsection (c) or by an agreement under Subsection (b)(3), the
36	36	permit application is considered approved and the municipality:
37	37	(1) may not collect any permit fees associated with
38	38	the application; and
39	39	(2) shall refund to the applicant any permit fees
40	40	associated with the application that have been collected.
41	41	(e) If a municipality makes a preliminary determination to
42	42	deny a permit application, the municipality must send written
43	43	notice of the determination to the applicant not later than the
44	44	first business day after the date the determination is made
45	45	stating:
46	46	(1) each application deficiency that is a reason for
47	47	the determination, including a citation to the specific ordinance,
48	48	order, regulation, or policy relevant to the determination;
49	49	(2) the specific actions required by the applicant to
50	50	remedy each specified deficiency; and
51	51	(3) a deadline not earlier than the 30th day after the
52	52	date the notice is sent for the applicant to complete the remedial
53	53	actions specified in the notice before the denial becomes final.
54	54	(f) If an applicant substantially completes the remedial
55	55	actions specified in the notice under Subsection (e) within the
56	56	period required, the applicant may request reconsideration of the
57	57	determination. The municipality shall grant the permit if the
58	58	municipality determines the applicant has substantially completed
59	59	the specified remedial actions. Not later than the 15th day after
60	60	the date the applicant's request for reconsideration is received,
61	61	the municipality shall send the applicant written notice of a final
62	62	determination to grant or deny a permit application. If the
63	63	municipality fails to send notice of a final determination within
64	64	the period required by this subsection, the permit application is
65	65	considered approved.
66	66	(g) Written notice of the municipality's final
67	67	determination that a permit is denied must include the information
68	68	required by Subsections (e)(1) and (2) in addition to written
69	69	findings of the reasons the municipality determined that any
70	70	remedial actions taken by the applicant were insufficient to
71	71	correct the deficiencies specified in the notice provided under
72	72	Subsection (e).
73	73	(h) Any final determination that a permit is denied may not
74	74	be based on:
75	75	(1) a reason or remedial requirement that was not
76	76	previously disclosed to the applicant in the notice required under
77	77	Subsection (e); or
78	78	(2) a requirement for the applicant to comply with any
79	79	ordinance, order, regulation, or policy that is not substantially
80	80	related to the construction or improvement of a building or other
81	81	structure.
82	82	(i) A municipality may not adopt or enforce an ordinance,
83	83	order, regulation, or policy relating to granting or denying a
84	84	permit under this section that:
85	85	(1) restricts or prohibits the right of an applicant
86	86	to reapply for a permit to construct or improve the same building or
87	87	other structure that was the subject of a denied permit
88	88	application;
89	89	(2) requires a private employer to offer wages higher
90	90	than the wages required under Chapter 62, Labor Code; or
91	91	(3) authorizes on-site monitoring of a private
92	92	employer by a nongovernmental entity.
93	93	SECTION 2. Section 233.901, Local Government Code, is
94	94	amended to read as follows:
95	95	Sec. 233.901. PROCEDURES AND PERIOD [TIME] FOR APPROVAL OR
96	96	DENIAL [ISSUANCE] OF COUNTY BUILDING PERMIT APPLICATIONS;
97	97	PROHIBITED PERMIT REQUIREMENTS. (a) This section applies [only]
98	98	to any [a] permit required by a county [with a population of 3.3
99	99	million or more] to construct or improve a building or other
100	100	structure in the county, but does not apply to a permit for an
101	101	on-site sewage disposal system.
102	102	(b) Not later than the 30th [45th] day after the date an
103	103	application for a permit is submitted, the county must:
104	104	(1) grant or make a preliminary determination to deny
105	105	the permit;
106	106	(2) provide written notice to the applicant stating
107	107	the reasons why the county has been unable to act on the permit
108	108	application; or
109	109	(3) reach a written agreement with the applicant
110	110	providing for a deadline not later than the 120th day after the date
111	111	the application was submitted for granting or denying the permit.
112	112	(c) For a permit application for which notice is provided
113	113	under Subsection (b)(2), the county must grant or make a
114	114	preliminary determination to deny the permit not later than the
115	115	15th [30th] day after the date the notice is received. A county may
116	116	not extend the period for the county to act on an application under
117	117	this subsection more than once.
118	118	(d) If a county fails to act on a permit application within
119	119	[in] the period [time] required by Subsection (c) or by an agreement
120	120	under Subsection (b)(3), the permit application is considered
121	121	approved and the county:
122	122	(1) may not collect any permit fees associated with
123	123	the application; and
124	124	(2) shall refund to the applicant any permit fees
125	125	associated with the application that have been collected.
126	126	(e) If a county makes a preliminary determination to deny a
127	127	permit application, the county must send written notice of the
128	128	determination to the applicant not later than the first business
129	129	day after the date the determination is made stating:
130	130	(1) each application deficiency that is a reason for
131	131	the determination, including a citation to the specific ordinance,
132	132	order, regulation, or policy relevant to the determination;
133	133	(2) the specific actions required by the applicant to
134	134	remedy each specified deficiency; and
135	135	(3) a deadline not earlier than the 30th day after the
136	136	date the notice is sent for the applicant to complete the remedial
137	137	actions specified in the notice before the denial becomes final.
138	138	(f) If an applicant substantially completes the remedial
139	139	actions specified in the notice under Subsection (e) within the
140	140	period required, the applicant may request reconsideration of the
141	141	determination. The county shall grant the permit if the county
142	142	determines the applicant has substantially completed the specified
143	143	remedial actions. Not later than the 15th day after the date the
144	144	applicant's request for reconsideration is received, the county
145	145	shall send the applicant written notice of a final determination to
146	146	grant or deny a permit application. If the county fails to send
147	147	notice of a final determination within the period required by this
148	148	subsection, the permit application is considered approved.
149	149	(g) Written notice of the county's final determination that
150	150	a permit is denied must include the information required by
151	151	Subsections (e)(1) and (2) in addition to written findings of the
152	152	reasons the county determined that any remedial actions taken by
153	153	the applicant were insufficient to correct the deficiencies
154	154	specified in the notice provided under Subsection (e).
155	155	(h) Any final determination that a permit is denied may not
156	156	be based on:
157	157	(1) a reason or remedial requirement that was not
158	158	previously disclosed to the applicant in the notice required under
159	159	Subsection (e); or
160	160	(2) a requirement for the applicant to comply with any
161	161	ordinance, order, regulation, or policy that is not substantially
162	162	related to the construction or improvement of a building or other
163	163	structure.
164	164	(i) A county may not adopt or enforce an ordinance, order,
165	165	regulation, or policy relating to granting or denying a permit
166	166	under this section that:
167	167	(1) restricts or prohibits the right of an applicant
168	168	to reapply for a permit to construct or improve the same building or
169	169	other structure that was the subject of a denied permit
170	170	application;
171	171	(2) requires a private employer to offer wages higher
172	172	than the wages required under Chapter 62, Labor Code; or
173	173	(3) authorizes on-site monitoring of a private
174	174	employer by a nongovernmental entity.
175	175	SECTION 3. Sections 245.001(1) and (3), Local Government
176	176	Code, are amended to read as follows:
177	177	(1) "Permit" means a license, certificate, approval,
178	178	registration, consent, permit, contract or other agreement for
179	179	construction related to, or provision of, service from a water or
180	180	wastewater utility owned, operated, or controlled by a regulatory
181	181	agency, or other form of authorization required by law, rule,
182	182	regulation, order, or ordinance that a person must obtain to
183	183	perform an action, including engaging in an occupation, or
184	184	initiate, continue, or complete a project for which the permit is
185	185	sought.
186	186	(3) "Project" means an endeavor, occupation, or
187	187	activity over which a regulatory agency exerts its jurisdiction and
188	188	for which one or more permits are required to initiate, continue,
189	189	engage in, or complete the endeavor, occupation, or activity.
190	190	SECTION 4. Section 245.002, Local Government Code, is
191	191	amended by amending Subsections (a-1) and (e) and adding
192	192	Subsections (e-1) and (f-1) to read as follows:
193	193	(a-1) Rights to which a permit applicant is entitled under
194	194	this chapter accrue on the filing of an original application or plan
195	195	for development or plat application that gives the regulatory
196	196	agency fair notice of the project and the nature of the permit
197	197	sought. An application or plan is considered filed on the date the
198	198	applicant delivers the application or plan to the regulatory
199	199	agency, [or] deposits the application or plan with the United
200	200	States Postal Service by certified mail addressed to the regulatory
201	201	agency, or submits the application electronically if the regulatory
202	202	agency accepts applications electronically by a method that
203	203	provides confirmation of receipt. A certified mail receipt or
204	204	other confirmation or receipt obtained by the applicant at the time
205	205	of deposit or submission is prima facie evidence of the date the
206	206	application or plan was filed [deposited with the United States
207	207	Postal Service].
208	208	(e) A regulatory agency may provide that a permit
209	209	application expires on or after the 61st [45th] day after the date
210	210	the application is filed if:
211	211	(1) the applicant fails to provide documents or other
212	212	information necessary to comply with the agency's technical
213	213	requirements relating to the form and content of the permit
214	214	application;
215	215	(2) the agency provides to the applicant not later
216	216	than the 10th business day after the date the application is filed
217	217	written notice of the failure that specifies the necessary
218	218	documents or other information required to complete the application
219	219	and the date the application will expire if the documents or other
220	220	information is not provided; and
221	221	(3) the applicant fails to provide the specified
222	222	documents or other information within the period [time] provided in
223	223	the notice.
224	224	(e-1) A permit application may not expire before the 11th
225	225	business day after the date the regulatory agency provides the
226	226	applicant with the notice described by Subsection (e)(2).
227	227	(f-1) A regulatory agency may not deny a permit application
228	228	based on a requirement for the applicant to comply with any
229	229	ordinance, order, regulation, or policy that is not substantially
230	230	related to the purposes for which the permit is required.
231	231	SECTION 5. Section 245.004, Local Government Code, is
232	232	amended to read as follows:
233	233	Sec. 245.004. EXEMPTIONS. This chapter does not apply to:
234	234	(1) a permit that is at least two years old, is issued
235	235	for the construction of a building or structure intended for human
236	236	occupancy or habitation, and is issued under laws, ordinances,
237	237	procedures, rules, or regulations adopting only:
238	238	(A) uniform building, fire, electrical,
239	239	plumbing, or mechanical codes adopted by a recognized national code
240	240	organization; or
241	241	(B) local amendments to those codes enacted
242	242	solely to address imminent threats of destruction of property or
243	243	injury to persons;
244	244	(2) municipal zoning regulations that do not affect
245	245	landscaping or tree preservation, open space or park dedication,
246	246	property classification, lot size, lot dimensions, lot coverage, or
247	247	building size or that do not change development permitted by a
248	248	restrictive covenant required by a municipality;
249	249	(3) [regulations that specifically control only the
250	250	use of land in a municipality that does not have zoning and that do
251	251	not affect landscaping or tree preservation, open space or park
252	252	dedication, lot size, lot dimensions, lot coverage, or building
253	253	size;
254	254	[(4)] regulations for sexually oriented businesses as
255	255	defined by Section 243.002, massage parlors as defined by Section
256	256	234.101, or game rooms as defined by Section 234.131;
257	257	(4) [(5)] municipal or county ordinances, rules,
258	258	regulations, or other requirements affecting colonias;
259	259	(5) [(6)] fees imposed in conjunction with
260	260	development permits;
261	261	(6) [(7)] regulations for annexation that do not
262	262	affect landscaping or tree preservation or open space or park
263	263	dedication;
264	264	(7) [(8) regulations for utility connections;
265	265	[(9)] regulations to prevent imminent destruction of
266	266	property or injury to persons from flooding that are effective only
267	267	within a flood plain established by a federal flood control program
268	268	and enacted to prevent the flooding of buildings intended for
269	269	public occupancy;
270	270	(8) [(10)] construction standards for public works
271	271	located on public lands or easements; or
272	272	(9) [(11)] regulations to prevent the imminent
273	273	destruction of property or injury to persons if the regulations do
274	274	not:
275	275	(A) affect landscaping or tree preservation,
276	276	open space or park dedication, lot size, lot dimensions, lot
277	277	coverage, building size, residential or commercial density, or the
278	278	timing of a project; or
279	279	(B) change development permitted by a
280	280	restrictive covenant required by a municipality.
281	281	SECTION 6. Chapter 245, Local Government Code, is amended
282	282	by adding Sections 245.008 and 245.009 to read as follows:
283	283	Sec. 245.008. PROCEDURES AND PERIOD FOR APPROVAL OR DENIAL
284	284	OF PERMIT APPLICATIONS; PROHIBITED PERMIT REQUIREMENTS. (a)
285	285	Except as provided by Section 214.904, 233.901, or other law that
286	286	provides for a shorter period, a regulatory agency shall approve or
287	287	deny an application for a permit not later than the 60th business
288	288	day after the date the regulatory agency received the completed
289	289	application.
290	290	(b) A regulatory agency may extend the period under
291	291	Subsection (a) for approving or denying an application by an
292	292	additional 10 business days if the regulatory agency provides
293	293	written notice of the extension to the applicant during that period
294	294	stating the reasons the regulatory agency has been unable to grant
295	295	or deny the permit application during that period. A regulatory
296	296	agency may not extend the period for the regulatory agency to grant
297	297	or deny an application under this subsection more than once.
298	298	(c) If a regulatory agency fails to approve or deny a
299	299	completed application as provided by this section, the application
300	300	is considered to be approved.
301	301	(d) If a regulatory agency denies a permit application, the
302	302	regulatory agency must send written notice of the denial to the
303	303	applicant not later than the first business day after the date of
304	304	the denial stating:
305	305	(1) each application deficiency that is a reason for
306	306	the denial, including a citation to the specific ordinance, order,
307	307	regulation, or policy relevant to the denial; and
308	308	(2) the specific actions required by the applicant to
309	309	remedy each specified deficiency.
310	310	Sec. 245.009. EXPEDITED PERMITTING PROCEDURES. (a) This
311	311	title does not prohibit a political subdivision from adopting
312	312	procedures to provide a shorter period than provided by law for the
313	313	approval of a permit.
314	314	(b) Any ordinance, order, regulation, or policy providing
315	315	procedures for the expedited approval of a permit must comply with
316	316	the requirements of this chapter.
317	317	(c) A procedure authorized by this section may not:
318	318	(1) restrict or prohibit the right of an applicant to
319	319	reapply for a permit that was the subject of a denied permit
320	320	application;
321	321	(2) require a private employer to offer wages higher
322	322	than the wages required under Chapter 62, Labor Code;
323	323	(3) authorize on-site monitoring of a private employer
324	324	by a nongovernmental entity; or
325	325	(4) require an applicant for an expedited permit to
326	326	comply with an ordinance, order, regulation, or policy that is not
327	327	substantially related to the purposes for which the permit is
328	328	required.
329	329	SECTION 7. Section 245.002(g), Local Government Code, is
330	330	repealed.
331	331	SECTION 8. The changes in law made by this Act apply only to
332	332	a permit application filed on or after the effective date of this
333	333	Act. An application filed before the effective date of this Act is
334	334	governed by the law in effect immediately before the effective date
335	335	of this Act, and the former law is continued in effect for that
336	336	purpose.
337	337	SECTION 9. This Act takes effect immediately if it receives
338	338	a vote of two-thirds of all the members elected to each house, as
339	339	provided by Section 39, Article III, Texas Constitution. If this
340	340	Act does not receive the vote necessary for immediate effect, this
341	341	Act takes effect December 1, 2017.