Bill Text: TX HB898 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the issuance of local permits by a regulatory agency of a political subdivision.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-04-28 - Committee report sent to Calendars [HB898 Detail]

Download: Texas-2017-HB898-Introduced.html
  85R5450 JTS-F
 
  By: Workman H.B. No. 898
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the issuance of local permits by a regulatory agency of
  a political subdivision.
         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 [This] chapter may be enforced
  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)  actual damages;
               (2)  reasonable attorney's fees;
               (3)  administrative and court costs; and
               (4)  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 PROHIBITED. A
  regulatory agency may not impose a fee for the agency to review an
  application for determination of the applicability of this chapter
  to the applicant's project.
         SECTION 4.  Section 245.006(b), Local Government Code, as
  amended by this Act, applies only to an action that commences on or
  after the effective date of this Act.  An action that commences
  before the effective date of this Act is governed by the law in
  effect on the date the action commenced, and the former law is
  continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2017.
feedback