By: Holland, et al. (Senate Sponsor - Fallon) H.B. No. 852
(In the Senate - Received from the House April 16, 2019;
April 17, 2019, read first time and referred to Committee on
Intergovernmental Relations; May 6, 2019, reported favorably by
the following vote: Yeas 5, Nays 1; May 6, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to information a municipality may consider in determining
the amount of certain building permit and inspection fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 214, Local Government
Code, is amended by adding Section 214.907 to read as follows:
Sec. 214.907. PROHIBITION ON CERTAIN VALUE-BASED BUILDING
PERMIT AND INSPECTION FEES. (a) In determining the amount of a
building permit or inspection fee required in connection with the
construction or improvement of a residential dwelling, a
municipality may not consider:
(1) the value of the dwelling; or
(2) the cost of constructing or improving the
dwelling.
(b) A municipality may not require the disclosure of
information related to the value of or cost of constructing or
improving a residential dwelling as a condition of obtaining a
building permit except as required by the Federal Emergency
Management Agency for participation in the National Flood Insurance
Program.
SECTION 2. Section 214.907(a), Local Government Code, as
added by this Act, applies only to a building permit or inspection
fee assessed by a municipality on or after the effective date of
this Act in connection with the construction or improvement of a
residential dwelling.
SECTION 3. 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 September 1, 2019.
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