By: Springer S.B. No. 560
(Toth)
A BILL TO BE ENTITLED
AN ACT
relating to the time for processing a municipal building permit
application.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 214.904, Local Government Code, is
amended by amending Subsections (b) and (d) and adding Subsections
(e) and (f) 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;
(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) for a commercial building permit only, 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.
(f) In this section, "commercial" has the meaning assigned
by Section 214.211.
SECTION 2. 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 3. This Act takes effect September 1, 2023.