H.B. No. 266
AN ACT
relating to the time for processing a county building permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 233, Local Government Code, is amended
by adding Subchapter Z to read as follows:
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
Sec. 233.901. TIME FOR ISSUANCE OF COUNTY BUILDING PERMIT.
(a) This section applies only to a permit required by a county with
a population of 3.3 million or more to construct or improve a
building or other structure in the county, but does not apply to a
permit for an on-site sewage disposal system.
(b) Not later than the 45th day after the date an
application for a permit is submitted, the county must:
(1) grant or deny the permit;
(2) provide written notice to the applicant stating
the reasons why the county has been unable to act on 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 county must grant or deny the permit
not later than the 30th day after the date the notice is received.
(d) If a county fails to act on a permit application in the
time required by Subsection (c) or by an agreement under Subsection
(b)(3), the county:
(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. Subchapter Z, Chapter 233, 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 3. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 266 was passed by the House on
February 28, 2005, by a non-record vote; that the House refused to
concur in Senate amendments to H.B. No. 266 on May 27, 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. 266 on May 29, 2005, by a
non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 266 was passed by the Senate, with
amendments, on May 25, 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.
266 on May 29, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor