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79R1002 ATP-D
By: Shapleigh S.B. No. 96
A BILL TO BE ENTITLED
AN ACT
relating to the provision of online services to assist a person
starting a business in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.123, Government Code, is amended to
read as follows:
Sec. 481.123. DUTIES. The permit office shall:
(1) provide comprehensive information on permits
required for business enterprises in the state and make that
information available to applicants and other persons;
(2) assist applicants in obtaining timely and
efficient permit review and in resolving issues arising from the
review;
(3) facilitate contacts between applicants and state
agencies responsible for processing and reviewing permit
applications;
(4) assist applicants in the resolution of outstanding
issues identified by state agencies, including delays experienced
in permit review;
(5) develop comprehensive application procedures to
expedite the permit process;
(6) compile a comprehensive list of all permits
required of a person desiring to establish, operate, or expand a
business enterprise in the state;
(7) encourage and facilitate the participation of
federal and local government agencies in permit coordination;
(8) make recommendations for eliminating,
consolidating, simplifying, expediting, or otherwise improving
permit procedures affecting business enterprises by requesting
that the state auditor, with the advice and support of the permit
office, initiate a business permit reengineering review process
involving all state agencies;
(9) develop and implement an outreach program to
publicize and make small business entrepreneurs and others aware of
services provided by the permit office;
(10) adopt rules, procedures, instructions, and forms
required to carry out the functions, powers, and duties of the
permit office under this subchapter; [and]
(11) except as provided in Section 481.129, complete
the implementation of the business permit review process on or
before September 1, 1994, and provide all recommended statutory
changes as needed to the legislature on or before January 1, 1995;
and
(12) establish and maintain a website accessible on
TexasOnline that:
(A) enables a person to obtain and electronically
submit a permit application as provided by Sections 481.124 and
481.1241;
(B) provides information regarding the status of
a person's permit application that is updated regularly by the
permit office;
(C) provides a link to information made
accessible on the Internet by the Texas Business and Community
Economic Development Clearinghouse under Section 481.167(c); and
(D) provides links to any information provided by
the comptroller on the Internet relating to a permit or license
issued under Title 2, Tax Code.
SECTION 2. Section 481.124, Government Code, is amended by
amending Subsections (a), (b), (f), and (h) and adding Subsection
(h-1) to read as follows:
(a) The permit office shall develop and by rule implement a
comprehensive application procedure to expedite the identification
and processing of required permits. The permit office shall
specify the permits to which the comprehensive application
procedure applies. A comprehensive application must be made on a
form prescribed by the permit office and may be submitted online
through the website maintained by the permit office. The permit
office shall consult with affected agencies in designing the form
to ensure that the form provides the necessary information to allow
agencies to identify which permits may be needed by the applicant.
The form must be designed primarily for the convenience of an
applicant who is required to obtain multiple permits and must
provide for concise and specific information necessary to determine
which permits are or may be required of the particular applicant.
(b) Use of the comprehensive application procedure by the
applicant is optional. On request the permit office shall assist an
applicant in preparing a comprehensive application, describe the
procedures involved, and provide other appropriate information
from the comprehensive permit information file. An applicant may
request assistance through the website maintained by the permit
office.
(f) The permit office shall promptly provide the applicant
with application forms and related information for all permits
specified by the interested state agencies and shall advise the
applicant that the forms are to be completed and submitted to the
appropriate state agencies. At the applicant's request, the permit
office shall provide application forms to the applicant in an
electronic format that enables the applicant to submit the
application forms to each state agency through the website
maintained by the permit office. A state agency shall accept a
permit application submitted electronically through the website
maintained by the permit office.
(h) Each state agency having jurisdiction over a permit to
which the comprehensive application procedure applies shall
designate an officer or employee to act as permit liaison officer to
cooperate with the permit office in carrying out this subchapter.
The permit liaison officer designated under this subsection shall
inform the permit office if the application status of an applicant
using the comprehensive application procedure changes.
(h-1) The permit office shall provide information relating
to the status of a permit applicant's applications and take
reasonable steps to ensure that the information is accessible only
to the applicant. The permit office shall regularly update the
information.
SECTION 3. Subchapter H, Chapter 481, Government Code, is
amended by adding Section 481.1241 to read as follows:
Sec. 481.1241. COMMON PERMIT APPLICATION. (a) The permit
office shall:
(1) determine what information a state agency
generally requires a permit applicant to submit; and
(2) adopt and revise a common permit application form
on which an applicant may provide the information that the permit
office determines is generally required on permit applications.
(b) The permit office shall compile in a database the
information submitted on the common permit application form adopted
under Subsection (a). Information contained in the database
regarding an applicant must be accessible by each state agency that
requires the applicant to obtain a permit from the agency for the
applicant's business undertaking, project, or activity.
(c) An applicant may submit, electronically or by other
means, the common permit application form to an agency instead of
including on the agency's permit application information provided
on the common permit application form. An applicant must provide
each agency with information required by the agency's permit
application that is not contained in the common permit application
form.
SECTION 4. The business permit office of the Texas Economic
Development and Tourism Office shall, not later than July 1, 2006:
(1) establish a website as required by Section
481.123, Government Code, as amended by this Act; and
(2) adopt a common permit application form as required
by Section 481.1241, Government Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2005.