By Yarbrough H.B. No. 450
77R2728 ATP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notice and hearings regarding the application for
1-3 certain building permits and the authority of municipalities to
1-4 deny certain building permits.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 230.013, Local Government Code, is amended
1-7 by amending Subsection (b) and adding Subsection (c) to read as
1-8 follows:
1-9 (b) Except as provided by Subsection (c), the [The] permit
1-10 department shall issue a permit for construction or repair that
1-11 conforms to all restrictions relating to the use of the property
1-12 described in the application if the applicant for the permit has
1-13 complied with this subchapter and with local ordinances relating to
1-14 commercial building permits.
1-15 (c) The permit department may deny an application for a
1-16 commercial building permit if the denial is in the best interests
1-17 of the public, as determined by either:
1-18 (1) the permit department; or
1-19 (2) the governing body of the municipality after a
1-20 hearing under Section 230.0135.
1-21 SECTION 2. Subchapter B, Chapter 230, Local Government Code,
1-22 is amended by adding Section 230.0135 to read as follows:
1-23 Sec. 230.0135. NOTICE OF PERMIT APPLICATION; HEARING. (a)
1-24 Before the 30th day after the date an application for a commercial
2-1 building permit was filed with the permit department, the
2-2 department and the applicant shall each provide written notice to
2-3 each owner, as indicated by the most recently approved municipal
2-4 tax roll, of real property within 1,500 feet of the property on
2-5 which the proposed construction or repair will take place.
2-6 (b) If, before the 30th day after the date the notice is
2-7 given by the municipality, the governing body of the municipality
2-8 is presented with a written petition protesting the issuance of the
2-9 commercial building permit and if the petition is signed by the
2-10 owners of at least 20 percent of the area of the land within 1,500
2-11 feet of the property on which the proposed construction or repair
2-12 will take place, the governing body shall:
2-13 (1) hold a public hearing at which parties in interest
2-14 and any other person have an opportunity to be heard; and
2-15 (2) publish notice of the time and place of the
2-16 hearing in a newspaper of general circulation in the municipality
2-17 before the 15th day before the date of the hearing.
2-18 (c) In computing the percentage of land under Subsection
2-19 (b), the area of streets and alleys shall be included.
2-20 (d) A commercial building permit may not take effect before
2-21 the notice is given as required by Subsection (a) and any hearing
2-22 required by Subsection (b) is concluded.
2-23 (e) If the governing body of the municipality conducts a
2-24 hearing under Subsection (b) and decides that denial of the
2-25 commercial building permit is in the best interests of the public,
2-26 the permit department may not issue the permit.
2-27 SECTION 3. This Act takes effect September 1, 2001, and
3-1 applies only to a commercial building permit application filed on
3-2 or after the effective date of this Act.