DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon, PE, CBO
COUNCIL DISTRICTS IMPACTED: Citywide
SUBJECT:
Amending Chapter 10 of the City Code of San Antonio, Texas, to modify certain sections and the fee schedule in order to comply with HB 852.
SUMMARY:
House Bill 852 was signed by the Governor on May 21, 2019, and became effective immediately. This Act prohibits cities from considering the value of the dwelling or the cost of constructing or improving the dwelling when determining the amount of a building permit or inspection fee for the construction or improvement of a residential dwelling. Additionally, the Act prohibits the disclosure of information related to the value or cost of construction or improvement of a residential dwelling as a condition for obtaining a building permit except as required for participation in the National Flood Insurance Program. As a result of these changes in State Law, it is necessary for the amendments to Chapter 10 of the City Code to be made.
BACKGROUND INFORMATION:
House Bill 852 was passed by the Texas Legislature and signed by the Governor on May 21, 2019. The bill was effective immediately as it received a vote of two-thirds of all members elected to each house as provided in the Texas Constitution.
Two sections of the City Code are affected by HB 852: Section 10-10 relating to Building Related Codes Fees and Section 10-38 relating to the residential plan review and permit fee schedule.
Section 10-10(c) of the City Code states the following: "the applicant for a permit shall provide an estimated permit value at time of application." HB 852 requires a change in the language to exclude residential valuations except when the permit is within a FEMA-designated flood zone.
Section 10-38 of the City Code is the residential fee schedule itself. Currently, valuations are utilized to calculate the plan review and permit fees for residential structures for remodels and additions only. As such, this fee...
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