Bill Text: TX HB3876 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the issuance of local permits by a regulatory agency of a political subdivision; limiting the amount of a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-11 - Committee report sent to Calendars [HB3876 Detail]
Download: Texas-2015-HB3876-Introduced.html
Bill Title: Relating to the issuance of local permits by a regulatory agency of a political subdivision; limiting the amount of a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-11 - Committee report sent to Calendars [HB3876 Detail]
Download: Texas-2015-HB3876-Introduced.html
84R10625 JTS-F | ||
By: Workman | H.B. No. 3876 |
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relating to the issuance of local permits by a regulatory agency of | ||
a political subdivision; limiting the amount of a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 245.006, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 245.006. ENFORCEMENT OF CHAPTER. (a) Except as | ||
provided by Section 245.0061, this [ |
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only through mandamus or declaratory or injunctive relief. | ||
(b) A political subdivision's immunity from suit is waived | ||
in regard to an action under this chapter. A political subdivision | ||
that has been found by a court to have violated this chapter is | ||
liable for: | ||
(1) the permit applicant's attorney's fees and | ||
administrative and court costs; and | ||
(2) the applicant's portion of the cost of any | ||
mediation requested under Section 245.0061 that did not result in | ||
an agreement. | ||
SECTION 2. Chapter 245, Local Government Code, is amended | ||
by adding Section 245.0061 to read as follows: | ||
Sec. 245.0061. REQUIRED MEDIATION ON REQUEST OF PERMIT | ||
APPLICANT. (a) A permit applicant may request mandatory mediation | ||
regarding any regulatory agency determination that this chapter | ||
does not apply to the applicant's project. | ||
(b) The mediation must begin not later than the 30th day | ||
after written notice by the permit applicant to the regulatory | ||
agency official who made the determination under Subsection (a). | ||
(c) The mediation shall be conducted before a licensed | ||
attorney mediator chosen by agreement of the parties from a pool of | ||
mediators approved by the attorney general. | ||
(d) Each party must pay the mediator one half of the cost of | ||
the mediation on the day of the mediation. | ||
(e) If the parties fail to reach a mediated agreement, the | ||
permit applicant may initiate a suit for mandamus or injunctive | ||
relief in a court of law. | ||
(f) Failure by a regulatory agency to begin the mediation in | ||
the period described by Subsection (b) constitutes a final | ||
determination by the regulatory agency that the requested permit is | ||
subject to the original project rules, regulations, ordinances, and | ||
requirements as requested by the permit applicant, if the | ||
regulatory agency's failure is verified by: | ||
(1) the mediator selected by the parties; or | ||
(2) the mediator selected by the permit applicant, if | ||
the regulatory agency and the permit applicant do not select a | ||
mediator by agreement. | ||
SECTION 3. Chapter 245, Local Government Code, is amended | ||
by adding Section 245.008 to read as follows: | ||
Sec. 245.008. REGULATORY AGENCY FEE. A fee imposed by a | ||
regulatory agency to review an application for determination of the | ||
applicability of this chapter to the applicant's project may not | ||
exceed $250. | ||
SECTION 4. This Act takes effect September 1, 2015. |