Texas 2025 - 89th Regular

Texas House Bill HB1228 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R21381~~ DRS-D
	1	+	89R3368 DRS-D
2	2		By: Gates H.B. No. 1228
3		-	~~Substitute the following for H.B. No. 1228:~~
4		-	~~By: Gates C.S.H.B. No. 1228~~
	3	+
	4	+
5	5
6	6
7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to municipal and county permitting requirements to conduct
10	10		certain repairs on residential buildings.
11	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12		SECTION 1. Subchapter Z, Chapter 214, Local Government
13	13		Code, is amended by adding Section 214.909 to read as follows:
14	14		Sec. 214.909. EMERGENCY REPAIRS TO RESIDENTIAL BUILDINGS.
15	15		(a) A municipality shall allow an owner of a damaged residential
16	16		building to immediately begin to conduct repairs to the building
17	17		if:
18	18		(1) the repairs are necessary to:
19	19		(A) protect public safety;
20	20		(B) prevent further damage to the building; or
21	21		(C) protect the overall structural integrity of
22		-	the building;
23		-	(2) the repairs are not new construction or
24		-	substantial improvements, as those terms are defined by 44 C.F.R.
25		-	Section 59.1; and
26		-	(3) the owner applies for an emergency permit as
	22	+	the building; and
	23	+	(2) the owner applies for an emergency permit as
27	24		provided by Subsection (b).
28	25		(b) An owner of a residential building may apply for an
29	26		emergency permit to conduct repairs by filing an application not
30	27		later than the third business day after the later of:
31	28		(1) the date the repairs commence; or
32	29		(2) the date the municipality is able to accept the
33	30		application.
34		-	(c) This section may not be construed to:
35		-	(1) prohibit a municipality from conducting a code
36		-	inspection of a residential building for which repairs have been
37		-	made under this section to ensure compliance with those codes; or
38		-	(2) exempt an owner from compliance with the
39		-	requirements of Subchapter I, Chapter 16, Water Code, or other
40		-	health and safety requirements under state or federal law.
	31	+	(c) This section may not be construed to prohibit a
	32	+	municipality from conducting a code inspection of a residential
	33	+	building for which repairs have been made under this section.
41	34		(d) The governor may not exempt a municipality from this
42	35		section by an executive order issued under Chapter 418, Government
43	36		Code.
44	37		(e) An owner of a residential building who is prohibited
45	38		from conducting repairs by a municipality in violation of this
46	39		section may bring an action against the municipality for damages
47	40		incurred due to the violation. The owner may recover reasonable
48	41		attorney's fees and litigation costs if the owner prevails in the
49	42		action. Governmental immunity of the municipality to suit and from
50	43		liability is waived to the extent of liability created by this
51	44		subsection.
52	45		SECTION 2. Subchapter Z, Chapter 233, Local Government
53	46		Code, is amended by adding Section 233.902 to read as follows:
54	47		Sec. 233.902. EMERGENCY REPAIRS TO RESIDENTIAL BUILDINGS.
55	48		(a) A county shall allow an owner of a damaged residential building
56	49		to immediately begin to conduct repairs to the building if:
57	50		(1) the repairs are necessary to:
58	51		(A) protect public safety;
59	52		(B) prevent further damage to the building; or
60	53		(C) protect the overall structural integrity of
61		-	the building;
62		-	(2) the repairs are not new construction or
63		-	substantial improvements, as those terms are defined by 44 C.F.R.
64		-	Section 59.1; and
65		-	(3) the owner applies for an emergency permit as
	54	+	the building; and
	55	+	(2) the owner applies for an emergency permit as
66	56		provided by Subsection (b).
67	57		(b) An owner of a residential building may apply for an
68	58		emergency permit to conduct repairs by filing an application not
69	59		later than the third business day after the later of:
70	60		(1) the date the repairs commence; or
71	61		(2) the date the county is able to accept the
72	62		application.
73		-	(c) This section may not be construed to:
74		-	(1) prohibit a county from conducting a code
75		-	inspection of a residential building for which repairs have been
76		-	made under this section to ensure compliance with those codes; or
77		-	(2) exempt an owner from compliance with the
78		-	requirements of Subchapter I, Chapter 16, Water Code, or other
79		-	health and safety requirements under state or federal law.
	63	+	(c) This section may not be construed to prohibit a county
	64	+	from conducting a code inspection of a residential building for
	65	+	which repairs have been made under this section.
80	66		(d) The governor may not exempt a county from this section
81	67		by an executive order issued under Chapter 418, Government Code.
82	68		(e) An owner of a residential building who is prohibited
83	69		from conducting repairs by a county in violation of this section may
84	70		bring an action against the county for damages incurred due to the
85	71		violation. The owner may recover reasonable attorney's fees and
86	72		litigation costs if the owner prevails in the action. Governmental
87	73		immunity of the county to suit and from liability is waived to the
88	74		extent of liability created by this subsection.
89	75		SECTION 3. This Act takes effect immediately if it receives
90	76		a vote of two-thirds of all the members elected to each house, as
91	77		provided by Section 39, Article III, Texas Constitution. If this
92	78		Act does not receive the vote necessary for immediate effect, this
93	79		Act takes effect September 1, 2025.