85S10600 NC-F
By: Workman H.B. No. 164
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) This section applies [only]
to any [a] permit required by a municipality to construct [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.
(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 not extend the period for the municipality to act
on an application under this subsection more than once.
(d) If a municipality fails to act on [grant or deny] a
permit application within [in] the period [time] required by
Subsection (c) 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.
(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) each application deficiency that is a reason for
the determination, including a citation to the specific ordinance,
order, regulation, or policy relevant to the determination;
(2) the specific actions required by the applicant 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 an applicant substantially completes the remedial
actions specified in the notice under Subsection (e) within the
period required, the applicant may request reconsideration of the
determination. The municipality shall grant the permit if the
municipality determines the applicant has substantially completed
the specified remedial actions. 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 a final
determination to grant or deny a permit application. If the
municipality fails to send notice of a final determination within
the period required by this subsection, the permit application is
considered approved.
(g) Written notice of the municipality's final
determination that a permit is denied must include the information
required by Subsections (e)(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).
(h) 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
(2) a requirement for the applicant to comply with any
ordinance, order, regulation, or policy that is not substantially
related to the construction or improvement of a building or other
structure.
(i) A municipality may not adopt or enforce an ordinance,
order, regulation, or policy relating to granting or denying a
permit under this section that:
(1) restricts or prohibits the right of an applicant
to reapply for a permit to construct or improve the same building or
other structure 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.
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) This section applies [only]
to any [a] permit required by a county [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.
(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
not extend the period for the county to act on an application under
this subsection more than once.
(d) If a county fails to act on a permit application within
[in] the period [time] required by Subsection (c) 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.
(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) each application deficiency that is a reason for
the determination, including a citation to the specific ordinance,
order, regulation, or policy relevant to the determination;
(2) the specific actions required by the applicant 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 an applicant substantially completes the remedial
actions specified in the notice under Subsection (e) within the
period required, the applicant may request reconsideration of the
determination. The county shall grant the permit if the county
determines the applicant has substantially completed the specified
remedial actions. 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 a final determination to
grant or deny a permit application. If the county fails to send
notice of a final determination within the period required by this
subsection, the permit application is considered approved.
(g) Written notice of the county's final determination that
a permit is denied must include the information required by
Subsections (e)(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).
(h) 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
(2) a requirement for the applicant to comply with any
ordinance, order, regulation, or policy that is not substantially
related to the construction or improvement of a building or other
structure.
(i) A county may not adopt or enforce an ordinance, order,
regulation, or policy relating to granting or denying a permit
under this section that:
(1) restricts or prohibits the right of an applicant
to reapply for a permit to construct or improve the same building or
other structure 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.
SECTION 3. Sections 245.001(1) and (3), Local Government
Code, are amended to read as follows:
(1) "Permit" means a license, certificate, approval,
registration, consent, permit, contract or other agreement for
construction related to, or provision of, service from a water or
wastewater utility owned, operated, or controlled by a regulatory
agency, or other form of authorization required by law, rule,
regulation, order, or ordinance that a person must obtain to
perform an action, including engaging in an occupation, or
initiate, continue, or complete a project for which the permit is
sought.
(3) "Project" means an endeavor, occupation, or
activity over which a regulatory agency exerts its jurisdiction and
for which one or more permits are required to initiate, continue,
engage in, or complete the endeavor, occupation, or activity.
SECTION 4. Section 245.002, Local Government Code, is
amended by amending Subsections (a-1) and (e) and adding
Subsections (e-1) and (f-1) to read as follows:
(a-1) Rights to which a permit applicant is entitled under
this chapter accrue on the filing of an original application or plan
for development or plat application that gives the regulatory
agency fair notice of the project and the nature of the permit
sought. An application or plan is considered filed on the date the
applicant delivers the application or plan to the regulatory
agency, [or] deposits the application or plan with the United
States Postal Service by certified mail addressed to the regulatory
agency, or submits the application electronically if the regulatory
agency accepts applications electronically by a method that
provides confirmation of receipt. A certified mail receipt or
other confirmation or receipt obtained by the applicant at the time
of deposit or submission is prima facie evidence of the date the
application or plan was filed [deposited with the United States
Postal Service].
(e) A regulatory agency may provide that a permit
application expires on or after the 61st [45th] day after the date
the application is filed if:
(1) the applicant fails to provide documents or other
information necessary to comply with the agency's technical
requirements relating to the form and content of the permit
application;
(2) the agency provides to the applicant not later
than the 10th business day after the date the application is filed
written notice of the failure that specifies the necessary
documents or other information required to complete the application
and the date the application will expire if the documents or other
information is not provided; and
(3) the applicant fails to provide the specified
documents or other information within the period [time] provided in
the notice.
(e-1) A permit application may not expire before the 11th
business day after the date the regulatory agency provides the
applicant with the notice described by Subsection (e)(2).
(f-1) A regulatory agency may not deny a permit application
based on a requirement for the applicant to comply with any
ordinance, order, regulation, or policy that is not substantially
related to the purposes for which the permit is required.
SECTION 5. Section 245.004, Local Government Code, is
amended to read as follows:
Sec. 245.004. EXEMPTIONS. This chapter does not apply to:
(1) a permit that is at least two years old, is issued
for the construction of a building or structure intended for human
occupancy or habitation, and is issued under laws, ordinances,
procedures, rules, or regulations adopting only:
(A) uniform building, fire, electrical,
plumbing, or mechanical codes adopted by a recognized national code
organization; or
(B) local amendments to those codes enacted
solely to address imminent threats of destruction of property or
injury to persons;
(2) municipal zoning regulations that do not affect
landscaping or tree preservation, open space or park dedication,
property classification, lot size, lot dimensions, lot coverage, or
building size or that do not change development permitted by a
restrictive covenant required by a municipality;
(3) [regulations that specifically control only the
use of land in a municipality that does not have zoning and that do
not affect landscaping or tree preservation, open space or park
dedication, lot size, lot dimensions, lot coverage, or building
size;
[(4)] regulations for sexually oriented businesses as
defined by Section 243.002, massage parlors as defined by Section
234.101, or game rooms as defined by Section 234.131;
(4) [(5)] municipal or county ordinances, rules,
regulations, or other requirements affecting colonias;
(5) [(6)] fees imposed in conjunction with
development permits;
(6) [(7)] regulations for annexation that do not
affect landscaping or tree preservation or open space or park
dedication;
(7) [(8) regulations for utility connections;
[(9)] regulations to prevent imminent destruction of
property or injury to persons from flooding that are effective only
within a flood plain established by a federal flood control program
and enacted to prevent the flooding of buildings intended for
public occupancy;
(8) [(10)] construction standards for public works
located on public lands or easements; or
(9) [(11)] regulations to prevent the imminent
destruction of property or injury to persons if the regulations do
not:
(A) affect landscaping or tree preservation,
open space or park dedication, lot size, lot dimensions, lot
coverage, building size, residential or commercial density, or the
timing of a project; or
(B) change development permitted by a
restrictive covenant required by a municipality.
SECTION 6. Chapter 245, Local Government Code, is amended
by adding Sections 245.008 and 245.009 to read as follows:
Sec. 245.008. PROCEDURES AND PERIOD FOR APPROVAL OR DENIAL
OF PERMIT APPLICATIONS; PROHIBITED PERMIT REQUIREMENTS. (a)
Except as provided by Section 214.904, 233.901, or other law that
provides for a shorter period, a regulatory agency shall approve or
deny an application for a permit not later than the 60th business
day after the date the regulatory agency received the completed
application.
(b) A regulatory agency may extend the period under
Subsection (a) for approving or denying an application by an
additional 10 business days if the regulatory agency provides
written notice of the extension to the applicant during that period
stating the reasons the regulatory agency has been unable to grant
or deny the permit application during that period. A regulatory
agency may not extend the period for the regulatory agency to grant
or deny an application under this subsection more than once.
(c) If a regulatory agency fails to approve or deny a
completed application as provided by this section, the application
is considered to be approved.
(d) If a regulatory agency denies a permit application, the
regulatory agency must send written notice of the denial to the
applicant not later than the first business day after the date of
the denial stating:
(1) each application deficiency that is a reason for
the denial, including a citation to the specific ordinance, order,
regulation, or policy relevant to the denial; and
(2) the specific actions required by the applicant to
remedy each specified deficiency.
Sec. 245.009. EXPEDITED PERMITTING PROCEDURES. (a) 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.
(b) Any ordinance, order, regulation, or policy providing
procedures for the expedited approval of a permit must comply with
the requirements of this chapter.
(c) 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 permit
application;
(2) require a private employer to offer wages higher
than the wages required under Chapter 62, Labor Code;
(3) authorize on-site monitoring of a private employer
by a nongovernmental entity; or
(4) require an applicant for an expedited permit to
comply with an ordinance, order, regulation, or policy that is not
substantially related to the purposes for which the permit is
required.
SECTION 7. Section 245.002(g), Local Government Code, is
repealed.
SECTION 8. 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 9. 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.