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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures applicable to municipal consideration of |
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building permits, plats, and certain land development plans. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 212.009, Local Government Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) Unless specifically authorized by another law of this |
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state, a municipal planning commission or the governing body of the |
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municipality may not: |
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(1) require a person to submit or obtain approval of |
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any document or fulfill any other prerequisites or conditions |
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before the person files a copy of the plan or plat with the |
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municipal planning commission or governing body; or |
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(2) refuse to accept a filed copy of the plan or plat. |
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SECTION 2. Section 214.904, Local Government Code, is |
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amended by amending Subsections (b) and (d) and adding Subsection |
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(e) to read as follows: |
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(b) Not later than the 45th day after the date an |
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application for a permit is submitted, the municipality must: |
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(1) grant or deny the permit; or |
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(2) provide written notice to the applicant stating |
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the reasons why the municipality has been unable to grant or deny |
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the permit application in the time required by this subsection[; or |
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[(3) reach a written agreement with the applicant |
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providing for a deadline for granting or denying the permit]. |
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(d) If a municipality fails to comply with this section |
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[grant or deny a permit application in the time required by |
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Subsection (c) or by an agreement under Subsection (b)(3)], the |
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municipality: |
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(1) may not collect any permit fees associated with |
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the application; and |
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(2) shall refund to the applicant any permit fees |
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associated with the application that have been collected. |
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(e) A municipality may not: |
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(1) deny a permit solely because the municipality is |
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unable to comply with this section; or |
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(2) require an applicant to waive the requirements of |
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this section. |
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SECTION 3. Section 212.009(a-1), Local Government Code, as |
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added by this Act, applies only to a plan or plat application filed |
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on or after the effective date of this Act. |
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SECTION 4. Section 214.904, Local Government Code, as |
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amended by this Act, applies only to a municipal building permit |
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application that is submitted on or after the effective date of this |
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Act. An application submitted before the effective date of this Act |
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is governed by the law in effect on the date the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |