By: Burton, et al. S.B. No. 13
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) In this section, "permit" and
"project" have the meanings assigned by Section 245.001.
(a-1) This section applies [only] to any [a] permit required
by a municipality that relates to any project [to 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;
or
(4) grant conditional approval of the permit and
provide written notice to the applicant stating:
(A) the applicant has met the municipality's
requirements for the permit;
(B) the municipality has not received
documentation of state or federal approval relating to the permit
that is required under state or federal law;
(C) the municipality is granting conditional
approval of the permit; and
(D) the municipality will grant final approval of
the permit or deny the permit, as applicable, on the date the
municipality receives documentation of the state or federal
approval or disapproval.
(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 extend the period for the municipality to act on an
application under this subsection once by an additional 15 days.
(c-1) For a permit application for which notice is provided
under Subsection (b)(4), the municipality must grant the final
approval of the permit or deny the permit, as applicable, on the
date the municipality receives documentation of the state or
federal approval or disapproval relating to the permit.
(d) If a municipality fails to act on [grant or deny] a
permit application within [in] the period [time] required by
Subsection (c) or (c-1) 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; and
(3) shall issue the permit.
(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) a plain language description of each deficiency
that is a reason for the determination, including a citation to the
specific ordinance, order, regulation, or policy relevant to the
determination;
(2) general guidance regarding how 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 the municipality makes a reasonable determination
that a new deficiency has arisen from a remedial action taken by the
applicant, the municipality must send written notice not later than
the first business day after the date the determination is made
stating:
(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
(3) a new deadline not earlier than the 30th day after
the date the notice is sent under this subsection for the applicant
to complete all of the remedial actions.
(g) If an applicant substantially completes the remedial
actions specified in the notice under Subsection (e) and, if
applicable, Subsection (f) within the period required, the
applicant may request reconsideration of the determination. If the
municipality determines the applicant has substantially completed
the specified remedial actions, the municipality shall:
(1) grant the permit; or
(2) conditionally approve the permit, if the
municipality has not received documentation of state or federal
approval relating to the permit that is required under state or
federal law.
(g-1) 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:
(1) a final determination to grant or deny the permit;
or
(2) a determination to conditionally approve the
permit until state or federal approval or disapproval relating to
the permit is received.
(g-2) If the municipality fails to send notice of a final
determination to grant or deny a permit within the period required
by Subsection (g-1), the permit application is considered approved
and the municipality shall issue the permit. If the municipality
fails to send notice of a conditional approval of the permit within
the period required by Subsection (g-1), the permit application is
considered conditionally approved by the municipality and the
municipality shall issue or deny the permit, as applicable, on the
date the municipality receives documentation of the state or
federal approval or disapproval relating to the permit.
(h) Written notice of the municipality's final
determination that a permit is denied must include the information
required by Subsections (e)(1) and (2) and, if applicable,
Subsections (f)(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) or (f).
(i) 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 (f); or
(2) a requirement for the applicant to comply with any
ordinance, order, regulation, or policy that is not substantially
related to the project for which the permit is required.
(j) A municipality may not adopt or enforce an ordinance,
order, regulation, or policy relating to granting or denying a
permit that:
(1) restricts or prohibits the right of an applicant
to reapply for a permit 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.
(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.
A municipality's immunity from suit is waived in regard to an action
under this section.
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) In this section, "permit" and
"project" have the meanings assigned by Section 245.001.
(a-1) This section applies [only] to any [a] permit required
by a county that relates to any project [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;
or
(4) grant conditional approval of the permit and
provide written notice to the applicant stating:
(A) the applicant has met the county's
requirements for the permit;
(B) the county has not received documentation of
state or federal approval relating to the permit that is required
under state or federal law;
(C) the county is granting conditional approval
of the permit; and
(D) the county will grant final approval of the
permit or deny the permit, as applicable, on the date the county
receives documentation of the state or federal approval or
disapproval.
(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
extend the period for the county to act on an application under this
subsection once by an additional 15 days.
(c-1) For a permit application for which notice is provided
under Subsection (b)(4), the county must grant the final approval
of the permit or deny the permit, as applicable, on the date the
county receives documentation of the state or federal approval or
disapproval relating to the permit.
(d) If a county fails to act on a permit application within
[in] the period [time] required by Subsection (c) or (c-1) 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; and
(3) shall issue the permit.
(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) a plain language description of each deficiency
that is a reason for the determination, including a citation to the
specific ordinance, order, regulation, or policy relevant to the
determination;
(2) general guidance regarding how 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 the county makes a reasonable determination that a
new deficiency has arisen from a remedial action taken by the
applicant, the county must send written notice not later than the
first business day after the date the determination is made
stating:
(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
(3) a new deadline not earlier than the 30th day after
the date the notice is sent under this subsection for the applicant
to complete all of the remedial actions.
(g) If an applicant substantially completes the remedial
actions specified in the notice under Subsection (e) and, if
applicable, Subsection (f) within the period required, the
applicant may request reconsideration of the determination. If the
county determines the applicant has substantially completed the
specified remedial actions, the county shall:
(1) grant the permit; or
(2) conditionally approve the permit, if the county
has not received documentation of state or federal approval
relating to the permit that is required under state or federal law.
(g-1) 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:
(1) a final determination to grant or deny the permit;
or
(2) a determination to conditionally approve the
permit until state or federal approval or disapproval relating to
the permit is received.
(g-2) If the county fails to send notice of a final
determination to grant or deny a permit within the period required
by Subsection (g-1), the permit application is considered approved
and the county shall issue the permit. If the county fails to send
notice of a conditional approval of the permit within the period
required by Subsection (g-1), the permit application is considered
conditionally approved by the county and the county shall issue or
deny the permit, as applicable, on the date the county receives
documentation of the state or federal approval or disapproval
relating to the permit.
(h) Written notice of the county's final determination that
a permit is denied must include the information required by
Subsections (e)(1) and (2) and, if applicable, Subsections (f)(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) or (f).
(i) 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 (f); or
(2) a requirement for the applicant to comply with any
ordinance, order, regulation, or policy that is not substantially
related to the project for which the permit is required.
(j) A county may not adopt or enforce an ordinance, order,
regulation, or policy relating to granting or denying a permit
that:
(1) restricts or prohibits the right of an applicant
to reapply for a permit 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.
(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.
A county's immunity from suit is waived in regard to an action under
this section.
(l) Nothing in this section shall be construed to authorize
a county to require a permit to undertake a project in the county.
SECTION 3. Chapter 250, Local Government Code, is amended
by adding Section 250.010 to read as follows:
Sec. 250.010. EXPEDITED PERMITTING PROCEDURES. (a) In
this section, "permit" and "political subdivision" have the
meanings assigned by Section 245.001.
(b) 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.
(c) Any ordinance, order, regulation, or policy providing
procedures for the expedited approval of a permit must comply with
the requirements of other law, other than the period for the
approval of a permit.
(d) 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 expedited
permit application; or
(2) include any additional conditions or requirements
for the expedited approval of the permit, other than a reasonable
fee to offset the increased costs of expediting the permit.
SECTION 4. 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 5. 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.