| 1 | 1 | | 87R7863 SGM-D |
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| 2 | 2 | | By: Leach H.B. No. 2590 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the time for the issuance of municipal building |
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| 8 | 8 | | permits. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 214.904, Local Government Code, is |
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| 11 | 11 | | amended by amending Subsections (b) and (d) and adding Subsection |
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| 12 | 12 | | (e) to read as follows: |
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| 13 | 13 | | (b) Not later than the 45th day after the date an |
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| 14 | 14 | | application for a permit is submitted, the municipality must: |
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| 15 | 15 | | (1) grant or deny the permit; or |
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| 16 | 16 | | (2) provide written notice to the applicant stating |
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| 17 | 17 | | the reasons why the municipality has been unable to grant or deny |
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| 18 | 18 | | the permit application in the time required by this subsection [; or |
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| 19 | 19 | | [(3) reach a written agreement with the applicant |
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| 20 | 20 | | providing for a deadline for granting or denying the permit]. |
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| 21 | 21 | | (d) If a municipality fails to comply with this section |
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| 22 | 22 | | [grant or deny a permit application in the time required by |
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| 23 | 23 | | Subsection (c) or by an agreement under Subsection (b)(3)], the |
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| 24 | 24 | | municipality: |
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| 25 | 25 | | (1) may not collect any permit fees associated with |
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| 26 | 26 | | the application; and |
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| 27 | 27 | | (2) shall refund to the applicant any permit fees |
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| 28 | 28 | | associated with the application that have been collected. |
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| 29 | 29 | | (e) A municipality may not: |
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| 30 | 30 | | (1) deny a permit solely because the municipality is |
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| 31 | 31 | | unable to comply with this section; or |
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| 32 | 32 | | (2) require an applicant to waive the requirements of |
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| 33 | 33 | | this section. |
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| 34 | 34 | | SECTION 2. Section 214.904, Local Government Code, as |
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| 35 | 35 | | amended by this Act, applies only to a municipal building permit |
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| 36 | 36 | | application that is submitted on or after the effective date of this |
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| 37 | 37 | | Act. An application submitted before the effective date of this Act |
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| 38 | 38 | | is governed by the law in effect on the date the application was |
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| 39 | 39 | | submitted, and the former law is continued in effect for that |
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| 40 | 40 | | purpose. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2021. |
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