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A BILL TO BE ENTITLED
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AN ACT
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relating to the time for processing a municipal building permit |
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application. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 214.904, Local Government Code, is |
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amended by amending Subsections (b) and (d) and adding Subsections |
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(e) and (f) 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; |
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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) for a commercial building permit only, reach a |
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written agreement with the applicant providing for a deadline for |
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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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(f) In this section, "commercial" has the meaning assigned |
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by Section 214.211. |
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SECTION 2. 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 3. This Act takes effect September 1, 2023. |