79R6381 DRH-D


By:  Smith of Harris                                              H.B. No. 266

Substitute the following for H.B. No. 266:                                    

By:  Mowery                                                   C.S.H.B. No. 266



A BILL TO BE ENTITLED

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 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.