H.B. No. 14
AN ACT
relating to third-party review of plats and property development
plans, permits, and similar documents, and the inspection of an
improvement related to such a document.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 7, Local Government Code, is
amended by adding Chapter 247 to read as follows:
CHAPTER 247. THIRD-PARTY REVIEW OF DEVELOPMENT DOCUMENTS AND
INSPECTION OF IMPROVEMENTS
Sec. 247.001. DEFINITIONS. In this chapter:
(1) "Development document" means a document,
including an application for a plat, plan, or development permit,
related to the development of or improvement to land that is
required by law, ordinance, rule, or other measure to be approved by
a regulatory authority in order for a person to initiate, engage in,
or complete the development or improvement.
(2) "Development inspection" means the inspection of
an improvement to land required by a regulatory authority 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 by a
regulatory authority 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
except that the term includes a development plat under Subchapter
B, Chapter 212.
(6) "Regulatory authority" means the governing body of
a political subdivision, or a department, board, commission, or
other entity of the political subdivision, responsible for
processing or approving a development document or conducting a
development inspection.
Sec. 247.002. THIRD-PARTY REVIEW OR INSPECTION REQUIRED.
(a) If a regulatory authority does not approve, conditionally
approve, or disapprove a development document by the 15th day after
the date prescribed by a provision of this code for the approval,
conditional approval, or disapproval of the document, any required
review of the document may be performed by a 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 by the regulatory authority to
review development documents;
(B) employed by another political subdivision to
review development documents, if the regulatory authority has
approved the person to review development documents; or
(C) an engineer licensed under Chapter 1001,
Occupations Code.
(b) If a regulatory authority does not conduct a required
development inspection by the 15th day after the date prescribed by
a provision of this code for conducting the inspection, the
inspection may be conducted by a 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 by the regulatory authority as a
building inspector;
(C) employed by another political subdivision as
a building inspector, if the regulatory authority has approved the
person to perform inspections; or
(D) an engineer licensed under Chapter 1001,
Occupations Code.
Sec. 247.003. ADDITIONAL FEE PROHIBITED. A regulatory
authority may not impose a fee related to the review of a
development document or the inspection of an improvement conducted
under Section 247.002.
Sec. 247.004. THIRD-PARTY REQUIREMENTS. (a) A person who
reviews a development document or conducts a development inspection
under Section 247.002 shall:
(1) review the document, conduct the inspection, and
take all other related actions in accordance with all applicable
provisions of law; and
(2) not later than the 15th day after the date the
person completes the review or inspection, provide notice to the
regulatory authority of the results of the review or inspection.
(b) A regulatory authority may prescribe a reasonable
format for the notice required under Subsection (a).
Sec. 247.005. WAIVER PROHIBITED. A regulatory authority
may not request or require an applicant to waive a deadline or other
procedure under this chapter.
Sec. 247.006. APPEAL. (a) A person may appeal to the
governing body of a political subdivision:
(1) a decision to conditionally approve or disapprove
a development document made by the regulatory authority for the
political subdivision or a person authorized by Section 247.002(a)
to perform the review of the document; or
(2) a decision regarding a development inspection
conducted by the regulatory authority or a person authorized by
Section 247.002(b) to perform the inspection.
(b) A person must file an appeal under this section not
later than the 15th day after the date the decision being appealed
is made.
(c) If the governing body hearing the appeal does not affirm
the decision being appealed by a majority vote on or before the 60th
day after the date the appeal is filed:
(1) the development document that is the subject of
the appeal is considered approved; or
(2) the development inspection that is the subject of
the appeal is waived.
SECTION 2. Chapter 247, Local Government Code, as added by
this Act, applies only to a development document or a request for a
development inspection, as those terms are defined by Section
247.001 of that code, that is submitted to the appropriate
regulatory authority on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 14 was passed by the House on April
13, 2023, by the following vote: Yeas 145, Nays 1, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 14 was passed by the Senate on May 23,
2023, by the following vote: Yeas 25, Nays 6.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor