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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of local permits by a regulatory agency of |
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a political subdivision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 245.006, Local Government Code, is |
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amended to read as follows: |
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Sec. 245.006. ENFORCEMENT OF CHAPTER. (a) Except as |
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provided by Section 245.0061, this [This] chapter may be enforced |
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only through mandamus or declaratory or injunctive relief. |
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(b) A political subdivision's immunity from suit is waived |
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in regard to an action under this chapter. A political subdivision |
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that has been found by a court to have violated this chapter is |
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liable for: |
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(1) actual damages; |
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(2) reasonable attorney's fees; |
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(3) administrative and court costs; and |
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(4) the applicant's portion of the cost of any |
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mediation requested under Section 245.0061 that did not result in |
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an agreement. |
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SECTION 2. Chapter 245, Local Government Code, is amended |
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by adding Section 245.0061 to read as follows: |
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Sec. 245.0061. REQUIRED MEDIATION ON REQUEST OF PERMIT |
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APPLICANT. (a) A permit applicant may request mandatory mediation |
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regarding any regulatory agency determination that this chapter |
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does not apply to the applicant's project. |
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(b) The mediation must begin not later than the 30th day |
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after written notice by the permit applicant to the regulatory |
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agency official who made the determination under Subsection (a). |
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(c) The mediation shall be conducted before a licensed |
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attorney mediator chosen by agreement of the parties from a pool of |
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mediators approved by the attorney general. |
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(d) Each party must pay the mediator one half of the cost of |
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the mediation on the day of the mediation. |
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(e) If the parties fail to reach a mediated agreement, the |
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permit applicant may initiate a suit for mandamus or injunctive |
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relief in a court of law. |
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(f) Failure by a regulatory agency to begin the mediation in |
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the period described by Subsection (b) constitutes a final |
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determination by the regulatory agency that the requested permit is |
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subject to the original project rules, regulations, ordinances, and |
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requirements as requested by the permit applicant, if the |
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regulatory agency's failure is verified by: |
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(1) the mediator selected by the parties; or |
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(2) the mediator selected by the permit applicant, if |
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the regulatory agency and the permit applicant do not select a |
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mediator by agreement. |
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SECTION 3. Chapter 245, Local Government Code, is amended |
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by adding Section 245.008 to read as follows: |
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Sec. 245.008. REGULATORY AGENCY FEE PROHIBITED. A |
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regulatory agency may not impose a fee for the agency to review an |
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application for determination of the applicability of this chapter |
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to the applicant's project. |
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SECTION 4. Section 245.006(b), Local Government Code, as |
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amended by this Act, applies only to an action that commences on or |
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after the effective date of this Act. An action that commences |
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before the effective date of this Act is governed by the law in |
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effect on the date the action commenced, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |