TX
Texas House Bill HB1878

Texas 2021 - 87th Regular

Texas House Bill HB1878 Compare Versions

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1-87R22685 SCL-D
1+87R6091 SCL-D
22 By: Gates H.B. No. 1878
3- Substitute the following for H.B. No. 1878:
4- By: Biedermann C.S.H.B. No. 1878
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to municipal and county permitting requirements to conduct
10- certain repairs on residential buildings.
8+ certain repairs on vacant residential buildings.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1210 SECTION 1. Subchapter Z, Chapter 214, Local Government
1311 Code, is amended by adding Section 214.909 to read as follows:
14- Sec. 214.909. EMERGENCY REPAIRS TO RESIDENTIAL BUILDINGS.
15- (a) A municipality shall allow an owner of a damaged residential
16- building to immediately begin to conduct repairs to the building
17- if:
18- (1) the repairs are necessary to:
19- (A) protect public safety;
20- (B) prevent further damage to the building; or
21- (C) protect the overall structural integrity of
22- the building; and
23- (2) the owner applies for an emergency permit as
24- provided by Subsection (b).
25- (b) An owner of a residential building may apply for an
26- emergency permit to conduct repairs by filing an application not
27- later than the third business day after the later of:
28- (1) the date the repairs commence; or
29- (2) the date the municipality is able to accept the
30- application.
31- (c) This section may not be construed to prohibit a
32- municipality from conducting a code inspection of a residential
33- building for which repairs have been made under this section.
34- (d) The governor may not exempt a municipality from this
35- section by an executive order issued under Chapter 418, Government
36- Code.
37- (e) An owner of a residential building who is prohibited
38- from conducting repairs by a municipality in violation of this
39- section may bring an action against the municipality for damages
40- incurred due to the violation. The owner may recover reasonable
41- attorney's fees and litigation costs if the owner prevails in the
42- action. Governmental immunity of the municipality to suit and from
43- liability is waived to the extent of liability created by this
44- subsection.
12+ Sec. 214.909. REPAIRS TO VACANT RESIDENTIAL BUILDINGS. (a)
13+ A municipality may not adopt or enforce an ordinance or other
14+ regulation that requires an owner of a vacant residential building
15+ to obtain a permit to conduct repairs to the building if the repairs
16+ are necessary to:
17+ (1) protect public safety; or
18+ (2) prevent further damage to the building.
19+ (b) The governor may not exempt a municipality from the
20+ prohibition described by Subsection (a) by an executive order
21+ issued under Chapter 418, Government Code.
22+ (c) An owner of a vacant residential building who is
23+ required to obtain a permit in violation of Subsection (a) may bring
24+ an action against the municipality that violated that subsection
25+ for damages incurred due to the violation. The owner may recover
26+ reasonable attorney's fees and litigation costs if the owner
27+ prevails in the action. Governmental immunity of the municipality
28+ to suit and from liability is waived to the extent of liability
29+ created by this subsection.
4530 SECTION 2. Subchapter Z, Chapter 233, Local Government
4631 Code, is amended by adding Section 233.902 to read as follows:
47- Sec. 233.902. EMERGENCY REPAIRS TO RESIDENTIAL BUILDINGS.
48- (a) A county shall allow an owner of a damaged residential building
49- to immediately begin to conduct repairs to the building if:
50- (1) the repairs are necessary to:
51- (A) protect public safety;
52- (B) prevent further damage to the building; or
53- (C) protect the overall structural integrity of
54- the building; and
55- (2) the owner applies for an emergency permit as
56- provided by Subsection (b).
57- (b) An owner of a residential building may apply for an
58- emergency permit to conduct repairs by filing an application not
59- later than the third business day after the later of:
60- (1) the date the repairs commence; or
61- (2) the date the county is able to accept the
62- application.
63- (c) This section may not be construed to prohibit a county
64- from conducting a code inspection of a residential building for
65- which repairs have been made under this section.
66- (d) The governor may not exempt a county from this section
67- by an executive order issued under Chapter 418, Government Code.
68- (e) An owner of a residential building who is prohibited
69- from conducting repairs by a county in violation of this section may
70- bring an action against the county for damages incurred due to the
71- violation. The owner may recover reasonable attorney's fees and
72- litigation costs if the owner prevails in the action. Governmental
73- immunity of the county to suit and from liability is waived to the
74- extent of liability created by this subsection.
32+ Sec. 233.902. REPAIRS TO VACANT RESIDENTIAL BUILDINGS. (a)
33+ A county may not adopt or enforce an order or other regulation that
34+ requires an owner of a vacant residential building to obtain a
35+ permit to conduct repairs to the building if the repairs are
36+ necessary to:
37+ (1) protect public safety; or
38+ (2) prevent further damage to the building.
39+ (b) The governor may not exempt a county from the
40+ prohibition described by Subsection (a) by an executive order
41+ issued under Chapter 418, Government Code.
42+ (c) An owner of a vacant residential building who is
43+ required to obtain a permit in violation of Subsection (a) may bring
44+ an action against the county that violated that subsection for
45+ damages incurred due to the violation. The owner may recover
46+ reasonable attorney's fees and litigation costs if the owner
47+ prevails in the action. Governmental immunity of the county to suit
48+ and from liability is waived to the extent of liability created by
49+ this subsection.
7550 SECTION 3. This Act takes effect immediately if it receives
7651 a vote of two-thirds of all the members elected to each house, as
7752 provided by Section 39, Article III, Texas Constitution. If this
7853 Act does not receive the vote necessary for immediate effect, this
7954 Act takes effect September 1, 2021.