| 1 | | - | H.B. No. 852 |
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| 1 | + | By: Holland, et al. (Senate Sponsor - Fallon) H.B. No. 852 |
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| 2 | + | (In the Senate - Received from the House April 16, 2019; |
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| 3 | + | April 17, 2019, read first time and referred to Committee on |
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| 4 | + | Intergovernmental Relations; May 6, 2019, reported favorably by |
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| 5 | + | the following vote: Yeas 5, Nays 1; May 6, 2019, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to information a municipality may consider in determining |
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| 6 | 12 | | the amount of certain building permit and inspection fees. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Subchapter Z, Chapter 214, Local Government |
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| 9 | 15 | | Code, is amended by adding Section 214.907 to read as follows: |
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| 10 | 16 | | Sec. 214.907. PROHIBITION ON CERTAIN VALUE-BASED BUILDING |
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| 11 | 17 | | PERMIT AND INSPECTION FEES. (a) In determining the amount of a |
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| 12 | 18 | | building permit or inspection fee required in connection with the |
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| 13 | 19 | | construction or improvement of a residential dwelling, a |
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| 14 | 20 | | municipality may not consider: |
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| 15 | 21 | | (1) the value of the dwelling; or |
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| 16 | 22 | | (2) the cost of constructing or improving the |
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| 17 | 23 | | dwelling. |
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| 18 | 24 | | (b) A municipality may not require the disclosure of |
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| 19 | 25 | | information related to the value of or cost of constructing or |
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| 20 | 26 | | improving a residential dwelling as a condition of obtaining a |
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| 21 | 27 | | building permit except as required by the Federal Emergency |
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| 22 | 28 | | Management Agency for participation in the National Flood Insurance |
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| 23 | 29 | | Program. |
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| 24 | 30 | | SECTION 2. Section 214.907(a), Local Government Code, as |
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| 25 | 31 | | added by this Act, applies only to a building permit or inspection |
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| 26 | 32 | | fee assessed by a municipality on or after the effective date of |
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| 27 | 33 | | this Act in connection with the construction or improvement of a |
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| 28 | 34 | | residential dwelling. |
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| 29 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 30 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 39 | | Act takes effect September 1, 2019. |
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| 34 | | - | ______________________________ ______________________________ |
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| 35 | | - | President of the Senate Speaker of the House |
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| 36 | | - | I certify that H.B. No. 852 was passed by the House on April |
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| 37 | | - | 16, 2019, by the following vote: Yeas 126, Nays 9, 2 present, not |
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| 38 | | - | voting. |
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| 39 | | - | ______________________________ |
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| 40 | | - | Chief Clerk of the House |
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| 41 | | - | I certify that H.B. No. 852 was passed by the Senate on May 8, |
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| 42 | | - | 2019, by the following vote: Yeas 29, Nays 2. |
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| 43 | | - | ______________________________ |
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| 44 | | - | Secretary of the Senate |
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| 45 | | - | APPROVED: _____________________ |
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| 46 | | - | Date |
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| 47 | | - | _____________________ |
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| 48 | | - | Governor |
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| 40 | + | * * * * * |
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