BILL ANALYSIS C.S.H.B. 1228 By: Gates Land & Resource Management Committee Report (Substituted) BACKGROUND AND PURPOSE The bill author has informed the committee that owners of damaged residential buildings must wait to conduct vital emergency repairs until a county or municipality approves the repairs and that this waiting period may lead to further damage to the building and threaten public safety. C.S.H.B. 1228 seeks to address this issue by requiring a county or municipality to allow such an owner to immediately begin to conduct repairs to a building if, among other criteria, the owner applies for an emergency permit to conduct repairs. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 1228 amends the Local Government Code to require a county or municipality to allow an owner of a damaged residential building to immediately begin to conduct repairs to the building under the following conditions: the repairs are necessary to protect public safety, prevent further damage to the building, or protect the building's overall structural integrity; the repairs are not new construction or substantial improvements, as those terms are defined by specified federal regulations; and the owner applies for an emergency permit to conduct repairs. The owner may apply for an emergency permit by filing an application not later than the third business day after the later of the date the repairs commence or the date the county or municipality is able to accept the application. C.S.H.B. 1228 prohibits the governor from exempting a county or municipality from the bill's provisions by an executive order issued under the Texas Disaster Act of 1975 and authorizes an owner of a residential building who is prohibited from conducting repairs by a county or municipality in violation of the bill's provisions to bring an action against the violating county or municipality for damages incurred due to the violation. The owner may recover reasonable attorney's fees and litigation costs if the owner prevails in the action, and governmental immunity of the county or municipality to suit and from liability is waived to the extent of liability created by the bill. The bill's provisions may not be construed to do the following: prohibit a county or municipality from conducting a code inspection of a residential building for which repairs have been made under the authority of the bill's provisions to ensure compliance with those codes; or exempt an owner from compliance with the requirements of the Flood Control and Insurance Act or other health and safety requirements under state or federal law. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 1228 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. While both the introduced and substitute require a county or municipality to allow an owner of a damaged residential building to immediately begin to conduct repairs to the building if the owner applies for an emergency permit and if the repairs are necessary to protect public safety, prevent further damage to the building, or protect the overall structural integrity of the building, the substitute further conditions that requirement on the repairs not being considered new construction or substantial improvements as those terms are defined by specified federal regulations. With respect to the prohibition against the bill's provisions being construed to prohibit a county or municipality from conducting a code inspection of a residential building for which repairs have been made under the authority of the bill's provisions, the substitute adds a specification, which is not included in the introduced, that such an inspection is to ensure compliance with those codes. The substitute includes a prohibition, which is not included in the introduced, against the bill's provisions being construed to exempt an owner from compliance with the requirements of the Flood Control and Insurance Act or other health and safety requirements under state or federal law.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 1228
By: Gates
Land & Resource Management
Committee Report (Substituted)
C.S.H.B. 1228
By: Gates
Land & Resource Management
Committee Report (Substituted)
BACKGROUND AND PURPOSE The bill author has informed the committee that owners of damaged residential buildings must wait to conduct vital emergency repairs until a county or municipality approves the repairs and that this waiting period may lead to further damage to the building and threaten public safety. C.S.H.B. 1228 seeks to address this issue by requiring a county or municipality to allow such an owner to immediately begin to conduct repairs to a building if, among other criteria, the owner applies for an emergency permit to conduct repairs.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 1228 amends the Local Government Code to require a county or municipality to allow an owner of a damaged residential building to immediately begin to conduct repairs to the building under the following conditions: the repairs are necessary to protect public safety, prevent further damage to the building, or protect the building's overall structural integrity; the repairs are not new construction or substantial improvements, as those terms are defined by specified federal regulations; and the owner applies for an emergency permit to conduct repairs. The owner may apply for an emergency permit by filing an application not later than the third business day after the later of the date the repairs commence or the date the county or municipality is able to accept the application. C.S.H.B. 1228 prohibits the governor from exempting a county or municipality from the bill's provisions by an executive order issued under the Texas Disaster Act of 1975 and authorizes an owner of a residential building who is prohibited from conducting repairs by a county or municipality in violation of the bill's provisions to bring an action against the violating county or municipality for damages incurred due to the violation. The owner may recover reasonable attorney's fees and litigation costs if the owner prevails in the action, and governmental immunity of the county or municipality to suit and from liability is waived to the extent of liability created by the bill. The bill's provisions may not be construed to do the following: prohibit a county or municipality from conducting a code inspection of a residential building for which repairs have been made under the authority of the bill's provisions to ensure compliance with those codes; or exempt an owner from compliance with the requirements of the Flood Control and Insurance Act or other health and safety requirements under state or federal law.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 1228 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. While both the introduced and substitute require a county or municipality to allow an owner of a damaged residential building to immediately begin to conduct repairs to the building if the owner applies for an emergency permit and if the repairs are necessary to protect public safety, prevent further damage to the building, or protect the overall structural integrity of the building, the substitute further conditions that requirement on the repairs not being considered new construction or substantial improvements as those terms are defined by specified federal regulations. With respect to the prohibition against the bill's provisions being construed to prohibit a county or municipality from conducting a code inspection of a residential building for which repairs have been made under the authority of the bill's provisions, the substitute adds a specification, which is not included in the introduced, that such an inspection is to ensure compliance with those codes. The substitute includes a prohibition, which is not included in the introduced, against the bill's provisions being construed to exempt an owner from compliance with the requirements of the Flood Control and Insurance Act or other health and safety requirements under state or federal law.
BACKGROUND AND PURPOSE
The bill author has informed the committee that owners of damaged residential buildings must wait to conduct vital emergency repairs until a county or municipality approves the repairs and that this waiting period may lead to further damage to the building and threaten public safety. C.S.H.B. 1228 seeks to address this issue by requiring a county or municipality to allow such an owner to immediately begin to conduct repairs to a building if, among other criteria, the owner applies for an emergency permit to conduct repairs.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 1228 amends the Local Government Code to require a county or municipality to allow an owner of a damaged residential building to immediately begin to conduct repairs to the building under the following conditions:
the repairs are necessary to protect public safety, prevent further damage to the building, or protect the building's overall structural integrity;
the repairs are not new construction or substantial improvements, as those terms are defined by specified federal regulations; and
the owner applies for an emergency permit to conduct repairs.
The owner may apply for an emergency permit by filing an application not later than the third business day after the later of the date the repairs commence or the date the county or municipality is able to accept the application.
C.S.H.B. 1228 prohibits the governor from exempting a county or municipality from the bill's provisions by an executive order issued under the Texas Disaster Act of 1975 and authorizes an owner of a residential building who is prohibited from conducting repairs by a county or municipality in violation of the bill's provisions to bring an action against the violating county or municipality for damages incurred due to the violation. The owner may recover reasonable attorney's fees and litigation costs if the owner prevails in the action, and governmental immunity of the county or municipality to suit and from liability is waived to the extent of liability created by the bill. The bill's provisions may not be construed to do the following:
prohibit a county or municipality from conducting a code inspection of a residential building for which repairs have been made under the authority of the bill's provisions to ensure compliance with those codes; or
exempt an owner from compliance with the requirements of the Flood Control and Insurance Act or other health and safety requirements under state or federal law.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 1228 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
While both the introduced and substitute require a county or municipality to allow an owner of a damaged residential building to immediately begin to conduct repairs to the building if the owner applies for an emergency permit and if the repairs are necessary to protect public safety, prevent further damage to the building, or protect the overall structural integrity of the building, the substitute further conditions that requirement on the repairs not being considered new construction or substantial improvements as those terms are defined by specified federal regulations.
With respect to the prohibition against the bill's provisions being construed to prohibit a county or municipality from conducting a code inspection of a residential building for which repairs have been made under the authority of the bill's provisions, the substitute adds a specification, which is not included in the introduced, that such an inspection is to ensure compliance with those codes. The substitute includes a prohibition, which is not included in the introduced, against the bill's provisions being construed to exempt an owner from compliance with the requirements of the Flood Control and Insurance Act or other health and safety requirements under state or federal law.