| 1 | 1 | | 88R3868 KBB-D |
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| 2 | 2 | | By: Gates H.B. No. 860 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to municipal and county permitting requirements to conduct |
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| 8 | 8 | | certain repairs on residential buildings. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter Z, Chapter 214, Local Government |
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| 11 | 11 | | Code, is amended by adding Section 214.908 to read as follows: |
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| 12 | 12 | | Sec. 214.908. EMERGENCY REPAIRS TO RESIDENTIAL BUILDINGS. |
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| 13 | 13 | | (a) A municipality shall allow an owner of a damaged residential |
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| 14 | 14 | | building to immediately begin to conduct repairs to the building |
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| 15 | 15 | | if: |
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| 16 | 16 | | (1) the repairs are necessary to: |
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| 17 | 17 | | (A) protect public safety; |
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| 18 | 18 | | (B) prevent further damage to the building; or |
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| 19 | 19 | | (C) protect the overall structural integrity of |
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| 20 | 20 | | the building; and |
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| 21 | 21 | | (2) the owner applies for an emergency permit as |
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| 22 | 22 | | provided by Subsection (b). |
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| 23 | 23 | | (b) An owner of a residential building may apply for an |
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| 24 | 24 | | emergency permit to conduct repairs by filing an application not |
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| 25 | 25 | | later than the third business day after the later of: |
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| 26 | 26 | | (1) the date the repairs commence; or |
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| 27 | 27 | | (2) the date the municipality is able to accept the |
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| 28 | 28 | | application. |
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| 29 | 29 | | (c) This section may not be construed to prohibit a |
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| 30 | 30 | | municipality from conducting a code inspection of a residential |
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| 31 | 31 | | building for which repairs have been made under this section. |
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| 32 | 32 | | (d) The governor may not exempt a municipality from this |
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| 33 | 33 | | section by an executive order issued under Chapter 418, Government |
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| 34 | 34 | | Code. |
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| 35 | 35 | | (e) An owner of a residential building who is prohibited |
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| 36 | 36 | | from conducting repairs by a municipality in violation of this |
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| 37 | 37 | | section may bring an action against the municipality for damages |
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| 38 | 38 | | incurred due to the violation. The owner may recover reasonable |
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| 39 | 39 | | attorney's fees and litigation costs if the owner prevails in the |
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| 40 | 40 | | action. Governmental immunity of the municipality to suit and from |
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| 41 | 41 | | liability is waived to the extent of liability created by this |
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| 42 | 42 | | subsection. |
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| 43 | 43 | | SECTION 2. Subchapter Z, Chapter 233, Local Government |
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| 44 | 44 | | Code, is amended by adding Section 233.902 to read as follows: |
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| 45 | 45 | | Sec. 233.902. EMERGENCY REPAIRS TO RESIDENTIAL BUILDINGS. |
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| 46 | 46 | | (a) A county shall allow an owner of a damaged residential building |
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| 47 | 47 | | to immediately begin to conduct repairs to the building if: |
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| 48 | 48 | | (1) the repairs are necessary to: |
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| 49 | 49 | | (A) protect public safety; |
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| 50 | 50 | | (B) prevent further damage to the building; or |
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| 51 | 51 | | (C) protect the overall structural integrity of |
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| 52 | 52 | | the building; and |
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| 53 | 53 | | (2) the owner applies for an emergency permit as |
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| 54 | 54 | | provided by Subsection (b). |
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| 55 | 55 | | (b) An owner of a residential building may apply for an |
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| 56 | 56 | | emergency permit to conduct repairs by filing an application not |
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| 57 | 57 | | later than the third business day after the later of: |
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| 58 | 58 | | (1) the date the repairs commence; or |
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| 59 | 59 | | (2) the date the county is able to accept the |
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| 60 | 60 | | application. |
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| 61 | 61 | | (c) This section may not be construed to prohibit a county |
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| 62 | 62 | | from conducting a code inspection of a residential building for |
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| 63 | 63 | | which repairs have been made under this section. |
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| 64 | 64 | | (d) The governor may not exempt a county from this section |
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| 65 | 65 | | by an executive order issued under Chapter 418, Government Code. |
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| 66 | 66 | | (e) An owner of a residential building who is prohibited |
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| 67 | 67 | | from conducting repairs by a county in violation of this section may |
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| 68 | 68 | | bring an action against the county for damages incurred due to the |
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| 69 | 69 | | violation. The owner may recover reasonable attorney's fees and |
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| 70 | 70 | | litigation costs if the owner prevails in the action. Governmental |
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| 71 | 71 | | immunity of the county to suit and from liability is waived to the |
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| 72 | 72 | | extent of liability created by this subsection. |
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| 73 | 73 | | SECTION 3. This Act takes effect immediately if it receives |
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| 74 | 74 | | a vote of two-thirds of all the members elected to each house, as |
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| 75 | 75 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 76 | 76 | | Act does not receive the vote necessary for immediate effect, this |
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| 77 | 77 | | Act takes effect September 1, 2023. |
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