BILL ANALYSIS
By: Smith, Wayne
BACKGROUND AND PURPOSE
Under current law, there are no time limits placed on municipalities regarding their processing of building permits. The time between applying for and the approval of a permit can range from six weeks to seven months. H.B. 265 requires municipalities to review a permit application within six weeks of its filing. If the permit is not approved, the municipality is required to send a letter to the applicant that discusses the problems with the application or to meet with the applicant. If the builder addresses the problems and resubmits the application, the municipality has one month to approve or reject the application or all permit fees are waived.
RULEMAKING AUTHORITY
It is the committee’s opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Amends Subchapter Z, Chapter 214, Local Government Code, by adding Section 214.904, as follows:
Requires a municipality to grant, deny, inform an applicant of problems with a permit application, or attempt to reach an agreement with the applicant within 45 days of the permit being filed.
Requires a municipality to grant or deny a permit within 30 days of notifying the applicant of problems with the application or of reaching an agreement with him or her. Mandates that all permit fees are waived by the municipality if it fails to act on an application within the 30 day period.
SECTION 2. Makes conforming changes.
SECTION 3. Act prospective.
SECTION 4. Effective date.
EFFECTIVE DATE
September 1, 2005