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.