88R20999 AMF-F
 
  By: Toth H.B. No. 3826
 
  Substitute the following for H.B. No. 3826:
 
  By:  Burns C.S.H.B. No. 3826
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the time for processing a municipal building permit
  application.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 214.904, Local Government Code, is
  amended by amending Subsections (b) and (d) and adding Subsections
  (e)  and (f) to read as follows:
         (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 in the time required by this subsection; or
               (3)  for a commercial building permit only, reach a
  written agreement with the applicant providing for a deadline for
  granting or denying the permit.
         (d)  If a municipality fails to comply with this section
  [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.
         (e)  A municipality may not:
               (1)  deny a permit solely because the municipality is
  unable to comply with this section; or
               (2)  require an applicant to waive the requirements of
  this section.
         (f)  In this section, "commercial" has the meaning assigned
  by Section 214.211.
         SECTION 2.  Section 214.904, Local Government Code, as
  amended by this Act, applies only to a municipal building permit
  application that is submitted on or after the effective date of this
  Act. An application submitted before the effective date of this Act
  is governed by the law in effect on the date the application was
  submitted, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2023.