By: Harris of Anderson H.B. No. 14
A BILL TO BE ENTITLED
AN ACT
relating to certain approval procedures for property development
review by a political subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 250, Local Government Code, is amended
by adding Section 250.014 to read as follows:
Sec. 250.014. REVIEW OF DEVELOPMENT DOCUMENT BY A THIRD
PARTY AND RELATED ACTIONS. (a) In this section:
(1) "Development document" includes, without
limitation, a plan, plat, or any other document related to the
development of or improvement to land that must be approved by a
regulatory authority under an applicable law, rule, regulation,
order, or ordinance to authorize a person to initiate, continue,
perform an action related to, or complete the development of or
improvement to land.
(2) "Development inspection" means the inspection of
an improvement to land required to be conducted as part of a project
to develop the land or construct or improve an improvement to the
land.
(3) "Development permit" means a permit required to be
obtained to develop land or construct or improve an improvement to
land.
(4) "Plan" has the meaning assigned by Section
212.001.
(5) "Plat" has the meaning assigned by Section 212.001
and includes a development plat under Subchapter B, Chapter 212.
(6) "Regulatory authority" means the governing body,
or a bureau, department, division, board, commission, or other
agency, of a political subdivision acting in its capacity of
processing or approving a development document or development
permit or conducting a development inspection.
(b) If a regulatory authority does not approve,
conditionally approve, or disapprove a development document or
development permit by the 15th day after the time prescribed by a
provision of this code for the approval, conditional approval, or
disapproval of the document or permit, any required review of the
document or permit may be performed by any person:
(1) other than:
(A) the applicant; or
(B) a person whose work is the subject of the
application; and
(2) who is:
(A) employed as a reviewer by the regulatory
authority in which the land subject to the development document or
development permit is located;
(B) employed as a reviewer by any political
subdivision, if the regulatory authority in which the land subject
to the development document or development permit is located has
approved the person; or
(C) an engineer licensed under Chapter 1001,
Occupations Code.
(c) If a regulatory authority does not conduct a required
development inspection by the 15th day after the time prescribed by
a provision of this code for conducting the inspection, the
required inspection may be conducted by any person:
(1) other than:
(A) the owner of the land or improvement to the
land that is the subject of the inspection; or
(B) a person whose work is the subject of the
inspection; and
(2) who is:
(A) certified to inspect buildings by the
International Code Council;
(B) employed as a building inspector by the
regulatory authority in which the improvement is located;
(C) employed as a building inspector by any
political subdivision, if the regulatory authority in which the
land or improvement to land is located has approved the person to
perform inspections; or
(D) an engineer licensed under Chapter 1001,
Occupations Code.
(d) A regulatory authority may not collect an additional fee
related to a review performed under Subsection (b) or a development
inspection conducted under Subsection (c).
(e) A person who performs a review or conducts a development
inspection under this section must:
(1) satisfy all applicable regulations; and
(2) not later than the 15th day after the date the
review or inspection is completed, provide notice to the regulatory
authority of the review or inspection.
(f) The regulatory authority may prescribe a reasonable
format for the notice required under Subsection (e).
(g) A regulatory authority may not request or require an
applicant to waive a deadline or other procedure under this
section.
(h) A decision made by a reviewer employed or approved by a
regulatory authority to conditionally approve or disapprove a
development document or development permit under this section may
be appealed by the applicant to the governing body of the regulatory
authority. An appeal must be filed no later than the 15th day after
the date of the reviewer's decision. If the governing body of the
regulatory authority does not, by majority vote, affirm the
reviewer's decision on or before the 60th day after receiving
notice of the appeal, the development document or development
permit that is the subject of the appeal shall be deemed approved.
SECTION 2. Section 250.014, Local Government Code, as
amended by this Act, applies only to a development document that is
submitted on or after the effective date of this Act. A development
document submitted before the effective date of this Act is
governed by the law in effect on the date the development document
was submitted, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2023.