By:  Smith of Harris                                              H.B. No. 265



A BILL TO BE ENTITLED

AN ACT

relating to the time for processing a municipal building permit.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter Z, Chapter 214, Local Government 
Code, is amended by adding Section 214.904 to read as follows:
	Sec. 214.904.  TIME FOR ISSUANCE OF MUNICIPAL BUILDING 
PERMIT.  (a)  This section applies only to a permit required by a 
municipality to erect or improve a building or other structure in 
the municipality or its extraterritorial jurisdiction.
	(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; or
		(3)  reach a written agreement with the applicant 
providing for a deadline for granting or denying the permit.
	(c)  For a permit application for which notice is provided 
under Subsection (b)(2), the municipality must grant or deny the 
permit not later than the 30th day after the date the notice is 
received.
	(d)  If a municipality fails to 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.
	SECTION 2.  The subchapter heading to Subchapter Z, Chapter 
214, Local Government Code, is amended to read as follows:

SUBCHAPTER Z.  MISCELLANEOUS POWERS AND DUTIES
	SECTION 3.  Section 214.904, Local Government Code, as added 
by this Act, applies only to an application for a permit submitted 
on or after September 1, 2005.  An application for a permit 
submitted before that date is governed by the law in effect when the 
application was submitted, and the former law is continued in 
effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.