Texas Government Code CHAPTER 2005. PERMIT PROCESSING


GOVERNMENT CODE
CHAPTER 2005. PERMIT PROCESSING
§ 2005.001. DEFINITIONS. In this chapter: (1) "Permit" means an authorization by a license, certificate, registration, or other form that is required by law or state agency rules to engage in a particular business. (2) "State agency" means a department, board, bureau, commission, division, office, council, or other agency of the state. Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. § 2005.002. EXCEPTIONS. This chapter does not apply to a permit: (1) for which an agency's median time during the preceding calendar year for processing a permit application from receipt of the initial application to the final permit decision did not exceed seven days; (2) issued in connection with any form of gaming or gambling; or (3) issued under the Alcoholic Beverage Code. Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. § 2005.003. PERMIT PROCESSING PERIODS. (a) A state agency that issues permits shall adopt procedural rules for processing permit applications and issuing permits. (b) The rules must specify: (1) the period, beginning on the date the agency receives an initial permit application, in which the agency must provide written notice to the applicant: (A) stating that the permit application is complete and accepted for filing; or (B) stating that the permit application is incomplete and specifying the additional information required for acceptance; and (2) the period, beginning on the date the agency receives a complete permit application, in which the agency must deny or approve the permit application. (c) A state agency may establish separate rules under this section for contested and uncontested cases. (d) A state agency shall publish with rules proposed under this section: (1) a statement of the agency's minimum, maximum, and median times for processing a permit application from the date the agency received an initial permit application to the date of the final permit decision using the agency's performance in the 12 months preceding the date the proposed rules are published; and (2) a justification of the periods proposed by the rules. Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. § 2005.004. GOOD CAUSE. A state agency has good cause to exceed the period it establishes for processing a permit application if: (1) the number of permit applications to be processed exceeds by at least 15 percent the number of permit applications processed in the same quarter of the previous calendar year; (2) the agency must rely on another public or private entity to process all or a part of the permit applications received by the agency, and the delay is caused by that entity; or (3) other conditions exist that give the agency good cause for exceeding the established period. Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. § 2005.005. DUTY OF HEAD OF AGENCY. The head of each state agency shall ensure that the agency complies with this chapter. Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. § 2005.006. COMPLAINT PROCEDURE. (a) A state agency subject to this chapter shall establish by rule a complaint procedure through which a permit applicant can: (1) complain directly to the chief administrator of the agency if the agency exceeds the established period for processing permits; and (2) request a timely resolution of any dispute arising from the delay. (b) The rules must provide for the reimbursement of all filing fees paid by the applicant for a permit application if the chief administrator of the state agency determines that: (1) the agency exceeded the established period for permit processing; and (2) the agency did not establish good cause for exceeding the established period. (c) The state agency shall include information about the complaint procedure in permit application forms issued by the agency. Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. § 2005.007. REPORTS. (a) A state agency that issues permits shall report biennially to the governor and the legislature on its permit application system. (b) The report must include: (1) a statement of the periods the agency has adopted under this chapter for processing each type of permit it issues, specifying any changes the agency made since the last report; (2) a statement of the minimum, maximum, and median times for processing each type of permit during the period since the last report from the date the agency receives the initial permit application to the final permit decision; (3) a description of the complaint procedure required by Section 2005.006; (4) a summary of the number and disposition of complaints received by the agency under Section 2005.006 since the last report; and (5) a description of specific actions taken by the agency since the last report to simplify and improve its permit application, processing, and paperwork requirements. (c) A state agency shall include the information required by Subsection (b) in each performance report the agency submits to the Legislative Budget Board. Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.

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