Bill Text: TX HB3876 | 2015-2016 | 84th Legislature | Comm Sub
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-Comm_Sub.html
| 84R26571 JTS-F | |||
| By: Workman | H.B. No. 3876 | ||
| Substitute the following for H.B. No. 3876: | |||
| By: Deshotel | C.S.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. AVAILABILITY OF MANDATORY MEDIATION. (a) A | ||
| permit applicant, by written notice to the chief administrative law | ||
| judge of the State Office of Administrative Hearings and the | ||
| regulatory agency, may request mediation of a dispute arising out | ||
| of a regulatory agency's determination that this chapter does not | ||
| apply to the applicant's project. | ||
| (b) Except as otherwise provided by this section, Chapter | ||
| 154, Civil Practice and Remedies Code, governs the mediation. | ||
| (c) The chief administrative law judge shall appoint a | ||
| mediator from a list of qualified mediators maintained by the State | ||
| Office of Administrative Hearings through random assignment, | ||
| giving notice to the parties in writing. The parties may substitute | ||
| a mediator of their choice in place of the appointed mediator not | ||
| later than the seventh day after the date of the appointment. | ||
| (d) The mediator is entitled to a reasonable fee, due at the | ||
| time mediation convenes, which shall be borne equally by the | ||
| parties unless the parties agree otherwise. | ||
| (e) The parties shall cooperate with the mediator in setting | ||
| the date, time, and place of the mediation, which shall be convened | ||
| and completed not later than the 30th day after the date of the | ||
| applicant's written notice. If the parties fail to agree on a date, | ||
| time, or place for the mediation, the mediator shall unilaterally | ||
| set the date, time, and place of the mediation so that the mediation | ||
| is convened and completed in the 30-day period. | ||
| (f) An authorized representative of each party with | ||
| authority to settle the dispute must be physically present at the | ||
| mediation. | ||
| (g) Failure by a party to attend and participate in | ||
| mediation shall be considered a default, entitling the other party | ||
| to the party's requested relief and reserving only the issue of any | ||
| attorney's fees or damages otherwise legally permitted, which shall | ||
| be determined by an administrative law judge of the State Office of | ||
| Administrative Hearings after a hearing to which each party is | ||
| given notice. | ||
| (h) Additional rules governing the conduct of the mediation | ||
| shall be provided by the mediator consistent with this section and | ||
| Chapter 154, Civil Practice and Remedies Code. Any dispute arising | ||
| out of the procedure in convening the mediation shall be determined | ||
| by an administrative law judge assigned by the State Office of | ||
| Administrative Hearings on the request of a party with written | ||
| notice to the other party. | ||
| 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 permit applicant's project may | ||
| not exceed $250. | ||
| SECTION 4. This Act takes effect September 1, 2015. | ||
