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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the imposition of permit fees by |
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political subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 7, Local Government Code, is |
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amended by adding Chapter 247 to read as follows: |
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CHAPTER 247. FEES FOR LOCAL PERMITS |
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Sec. 247.001. DEFINITIONS. In this chapter: |
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(1) "Permit" means a license, certificate, approval, |
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registration, consent, or other form of authorization required by |
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law, rule, regulation, order, or ordinance that a person must |
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obtain to perform an action or initiate, continue, or complete a |
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project related to residential construction or development. |
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(2) "Permit fee" means an assessment, fee, cost, or |
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charge imposed by a political subdivision on a person seeking to |
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obtain a permit. |
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(3) "Political subdivision" means a political |
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subdivision of this state, including a county or municipality. The |
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term does not include a school district. |
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(4) "Regulatory agency" means the governing body or a |
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department, division, or other agency of a political subdivision |
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acting in the political subdivision's capacity of processing, |
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approving, or issuing a permit. |
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Sec. 247.002. LIMITATION ON AUTHORITY TO IMPOSE PERMIT FEE. |
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(a) A regulatory agency may impose a permit fee only if the agency |
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complies with this chapter and only in the amount necessary to |
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compensate the regulatory agency for the costs to review, process, |
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and issue the permit for which the fee is imposed. |
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(b) A fee collected by a regulatory agency for a permit may |
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not be used for a purpose other than to pay the costs of reviewing, |
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processing, and issuing the permit. Indirect costs of reviewing, |
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processing, and issuing a permit in an amount not to exceed 15 |
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percent of the direct costs of those activities may be included in |
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calculating the costs under this subsection. |
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(c) A regulatory agency that violates this chapter is liable |
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for attorney's fees incurred by a person in the enforcement of this |
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chapter. |
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SECTION 2. This Act takes effect September 1, 2007. |