88R3236 AMF-D
 
  By: Springer S.B. No. 259
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to procedures applicable to municipal consideration of
  building permits, plats, and certain land development plans.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 212.009, Local Government Code, is
  amended by adding Subsection (a-1) to read as follows:
         (a-1)  Unless specifically authorized by another law of this
  state, a municipal planning commission or the governing body of the
  municipality may not:
               (1)  require a person to submit or obtain approval of
  any document or fulfill any other prerequisites or conditions
  before the person files a copy of the plan or plat with the
  municipal planning commission or governing body; or
               (2)  refuse to accept a filed copy of the plan or plat.
         SECTION 2.  Section 214.904, Local Government Code, is
  amended by amending Subsections (b) and (d) and adding Subsection
  (e) 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; or
               (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) 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.
         SECTION 3.  Section 212.009(a-1), Local Government Code, as
  added by this Act, applies only to a plan or plat application filed
  on or after the effective date of this Act.
         SECTION 4.  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 5.  This Act takes effect September 1, 2023.