H.B. No. 265
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 265 was passed by the House on March
23, 2005, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 265 on May 26, 2005, and requested the
appointment of a conference committee to consider the differences
between the two houses; and that the House adopted the conference
committee report on H.B. No. 265 on May 29, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 265 was passed by the Senate, with
amendments, on May 24, 2005, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
265 on May 29, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor