Texas 2023 - 88th Regular

Texas House Bill HB14 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 14
2	2
3	3
4	4	AN ACT
5	5	relating to third-party review of plats and property development
6	6	plans, permits, and similar documents, and the inspection of an
7	7	improvement related to such a document.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 7, Local Government Code, is
10	10	amended by adding Chapter 247 to read as follows:
11	11	CHAPTER 247. THIRD-PARTY REVIEW OF DEVELOPMENT DOCUMENTS AND
12	12	INSPECTION OF IMPROVEMENTS
13	13	Sec. 247.001. DEFINITIONS. In this chapter:
14	14	(1) "Development document" means a document,
15	15	including an application for a plat, plan, or development permit,
16	16	related to the development of or improvement to land that is
17	17	required by law, ordinance, rule, or other measure to be approved by
18	18	a regulatory authority in order for a person to initiate, engage in,
19	19	or complete the development or improvement.
20	20	(2) "Development inspection" means the inspection of
21	21	an improvement to land required by a regulatory authority as part of
22	22	a project to develop the land or construct or improve an improvement
23	23	to the land.
24	24	(3) "Development permit" means a permit required by a
25	25	regulatory authority to develop land or construct or improve an
26	26	improvement to land.
27	27	(4) "Plan" has the meaning assigned by Section
28	28	212.001.
29	29	(5) "Plat" has the meaning assigned by Section 212.001
30	30	except that the term includes a development plat under Subchapter
31	31	B, Chapter 212.
32	32	(6) "Regulatory authority" means the governing body of
33	33	a political subdivision, or a department, board, commission, or
34	34	other entity of the political subdivision, responsible for
35	35	processing or approving a development document or conducting a
36	36	development inspection.
37	37	Sec. 247.002. THIRD-PARTY REVIEW OR INSPECTION REQUIRED.
38	38	(a) If a regulatory authority does not approve, conditionally
39	39	approve, or disapprove a development document by the 15th day after
40	40	the date prescribed by a provision of this code for the approval,
41	41	conditional approval, or disapproval of the document, any required
42	42	review of the document may be performed by a person:
43	43	(1) other than:
44	44	(A) the applicant; or
45	45	(B) a person whose work is the subject of the
46	46	application; and
47	47	(2) who is:
48	48	(A) employed by the regulatory authority to
49	49	review development documents;
50	50	(B) employed by another political subdivision to
51	51	review development documents, if the regulatory authority has
52	52	approved the person to review development documents; or
53	53	(C) an engineer licensed under Chapter 1001,
54	54	Occupations Code.
55	55	(b) If a regulatory authority does not conduct a required
56	56	development inspection by the 15th day after the date prescribed by
57	57	a provision of this code for conducting the inspection, the
58	58	inspection may be conducted by a person:
59	59	(1) other than:
60	60	(A) the owner of the land or improvement to the
61	61	land that is the subject of the inspection; or
62	62	(B) a person whose work is the subject of the
63	63	inspection; and
64	64	(2) who is:
65	65	(A) certified to inspect buildings by the
66	66	International Code Council;
67	67	(B) employed by the regulatory authority as a
68	68	building inspector;
69	69	(C) employed by another political subdivision as
70	70	a building inspector, if the regulatory authority has approved the
71	71	person to perform inspections; or
72	72	(D) an engineer licensed under Chapter 1001,
73	73	Occupations Code.
74	74	Sec. 247.003. ADDITIONAL FEE PROHIBITED. A regulatory
75	75	authority may not impose a fee related to the review of a
76	76	development document or the inspection of an improvement conducted
77	77	under Section 247.002.
78	78	Sec. 247.004. THIRD-PARTY REQUIREMENTS. (a) A person who
79	79	reviews a development document or conducts a development inspection
80	80	under Section 247.002 shall:
81	81	(1) review the document, conduct the inspection, and
82	82	take all other related actions in accordance with all applicable
83	83	provisions of law; and
84	84	(2) not later than the 15th day after the date the
85	85	person completes the review or inspection, provide notice to the
86	86	regulatory authority of the results of the review or inspection.
87	87	(b) A regulatory authority may prescribe a reasonable
88	88	format for the notice required under Subsection (a).
89	89	Sec. 247.005. WAIVER PROHIBITED. A regulatory authority
90	90	may not request or require an applicant to waive a deadline or other
91	91	procedure under this chapter.
92	92	Sec. 247.006. APPEAL. (a) A person may appeal to the
93	93	governing body of a political subdivision:
94	94	(1) a decision to conditionally approve or disapprove
95	95	a development document made by the regulatory authority for the
96	96	political subdivision or a person authorized by Section 247.002(a)
97	97	to perform the review of the document; or
98	98	(2) a decision regarding a development inspection
99	99	conducted by the regulatory authority or a person authorized by
100	100	Section 247.002(b) to perform the inspection.
101	101	(b) A person must file an appeal under this section not
102	102	later than the 15th day after the date the decision being appealed
103	103	is made.
104	104	(c) If the governing body hearing the appeal does not affirm
105	105	the decision being appealed by a majority vote on or before the 60th
106	106	day after the date the appeal is filed:
107	107	(1) the development document that is the subject of
108	108	the appeal is considered approved; or
109	109	(2) the development inspection that is the subject of
110	110	the appeal is waived.
111	111	SECTION 2. Chapter 247, Local Government Code, as added by
112	112	this Act, applies only to a development document or a request for a
113	113	development inspection, as those terms are defined by Section
114	114	247.001 of that code, that is submitted to the appropriate
115	115	regulatory authority on or after the effective date of this Act.
116	116	SECTION 3. This Act takes effect September 1, 2023.
117	117	______________________________ ______________________________
118	118	President of the Senate Speaker of the House
119	119	I certify that H.B. No. 14 was passed by the House on April
120	120	13, 2023, by the following vote: Yeas 145, Nays 1, 1 present, not
121	121	voting.
122	122	______________________________
123	123	Chief Clerk of the House
124	124	I certify that H.B. No. 14 was passed by the Senate on May 23,
125	125	2023, by the following vote: Yeas 25, Nays 6.
126	126	______________________________
127	127	Secretary of the Senate
128	128	APPROVED: _____________________
129	129	Date
130	130	_____________________
131	131	Governor