By: Springer S.B. No. 1947
A BILL TO BE ENTITLED
AN ACT
relating to the time for the issuance of municipal building permits
and to the approval of certain land development applications by a
municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 212.009, Local Government Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) Unless specifically authorized by another law of this
state, a municipal planning commission or the governing body of the
municipality may not:
(1) require a person to submit or obtain approval of
any document or fulfill any other prerequisites or conditions
before the person files a copy of the plan or plat with the
municipal planning commission or governing body; or
(2) refuse to accept a filed copy of the plan or plat.
SECTION 2. Section 214.904, Local Government Code, is
amended by amending Subsections (b) and (d) and adding Subsection
(e) to read as follows:
(b) Not later than the 45th day after the date an
application for a permit is submitted, the municipality must:
(1) grant or deny the permit; or
(2) provide written notice to the applicant stating
the reasons why the municipality has been unable to grant or deny
the permit application in the time required by this subsection[; or
[(3) reach a written agreement with the applicant
providing for a deadline for granting or denying the permit].
(d) If a municipality fails to comply with this section
[grant or deny a permit application in the time required by
Subsection (c) or by an agreement under Subsection (b)(3)], 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) A municipality may not:
(1) deny a permit solely because the municipality is
unable to comply with this section; or
(2) require an applicant to waive the requirements of
this section.
SECTION 3. Section 212.009(a-1), Local Government Code, as
added by this Act, applies only to a plan or plat application filed
on or after the effective date of this Act.
SECTION 4. Section 214.904, Local Government Code, as
amended by this Act, applies only to a municipal building permit
application that is submitted on or after the effective date of this
Act. An application submitted before the effective date of this Act
is governed by the law in effect on the date the application was
submitted, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2021.