Texas 2025 - 89th Regular

Texas House Bill HB23 Compare Versions

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1		-	~~89R21574~~ SCL-D
2		-	By: Harris ~~, Hunter, Gates, Metcalf, et al.~~ H.B. No. 23
3		-	~~Substitute the following for H.B. No. 23:~~
4		-	~~By: Gates C.S.H.B. No. 23~~
	1	+	89R4396 SCL-D
	2	+	By: Harris H.B. No. 23
	3	+
	4	+
5	5
6	6
7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to the authority of certain persons to obtain third-party
10	10		review of plats and property development plans, permits, and
11	11		similar documents, and the inspection of an improvement related to
12	12		such a document.
13	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14		-	SECTION 1. Section 247.001(4), Local Government Code, as
15		-	added by Chapter 654 (H.B. 14), Acts of the 88th Legislature,
16		-	Regular Session, 2023, is amended to read as follows:
17		-	(4) "Plan" means a subdivision development plan,
18		-	including a subdivision plan, subdivision construction plan, land
19		-	development application, and site development plan [has the meaning
20		-	assigned by Section 212.001].
21		-	SECTION 2. Section 247.002, Local Government Code, as added
	14	+	SECTION 1. Section 247.002, Local Government Code, as added
22	15		by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular
23	16		Session, 2023, is amended to read as follows:
24	17		Sec. 247.002. OPTION FOR THIRD-PARTY REVIEW OR INSPECTION
25	18		[REQUIRED]. (a) Notwithstanding any other law, an applicant for
26	19		[If a regulatory authority does not approve, conditionally approve,
27	20		or disapprove a development document by the 15th day after the date
28	21		prescribed by a provision of this code for the approval,
29	22		conditional approval, or disapproval of the document,] any required
30	23		review of a development [the] document may obtain review of the
31	24		document from [be performed by] a person:
32	25		(1) other than:
33	26		(A) the applicant; or
34	27		(B) a person whose work is the subject of the
35	28		application; and
36	29		(2) who is:
37	30		(A) employed by the regulatory authority to
38	31		review development documents;
39	32		(B) employed by another political subdivision to
40	33		review development documents, if the regulatory authority has
41	34		approved the person to review development documents; or
42	35		(C) an engineer licensed under Chapter 1001,
43	36		Occupations Code.
44	37		(b) Notwithstanding any other law, an owner of land or an
45	38		improvement to the land that requires a development [If a
46	39		regulatory authority does not conduct a required development
47	40		inspection by the 15th day after the date prescribed by a provision
48	41		of this code for conducting the inspection, the] inspection may
49	42		obtain the inspection from [be conducted by] a person:
50	43		(1) other than:
51	44		(A) the owner of the land or improvement to the
52	45		land that is the subject of the inspection; or
53	46		(B) a person whose work is the subject of the
54	47		inspection; and
55	48		(2) who is:
56	49		(A) certified to inspect buildings by the
57	50		International Code Council;
58	51		(B) employed by the regulatory authority as a
59	52		building inspector;
60	53		(C) employed by another political subdivision as
61	54		a building inspector, if the regulatory authority has approved the
62	55		person to perform inspections; or
63	56		(D) an engineer licensed under Chapter 1001,
64	57		Occupations Code.
65		-	(c) Notwithstanding any other law, an applicant or owner of
66		-	land or an improvement to land who uses a person to conduct a review
67		-	or inspection under this section may rely on the determinations
68		-	made by the person, and any permits and approvals issued based on
69		-	those determinations are binding on the regulatory authority.
70		-	SECTION 3. Section 247.004, Local Government Code, as added
71		-	by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular
72		-	Session, 2023, is amended by amending Subsection (a) and adding
73		-	Subsection (c) to read as follows:
	58	+	SECTION 2. Section 247.004(a), Local Government Code, as
	59	+	added by Chapter 654 (H.B. 14), Acts of the 88th Legislature,
	60	+	Regular Session, 2023, is amended to read as follows:
74	61		(a) A person who reviews a development document or conducts
75	62		a development inspection under Section 247.002 shall:
76	63		(1) review the document, conduct the inspection, and
77	64		take all other related actions in accordance with all applicable
78	65		provisions of law as if the person is the regulatory authority; and
79	66		(2) not later than the 15th day after the date the
80	67		person completes the review or inspection, provide notice to the
81	68		regulatory authority of the results of the review or inspection.
82		-	(c) A person who reviews a development document or conducts
83		-	a development inspection under Section 247.002 shall maintain
84		-	commercially reasonable professional liability insurance with a
85		-	minimum annual limit of $500,000 per occurrence and $1 million in
86		-	the aggregate and that names the regulatory authority and the
87		-	applicant as additional insureds. The person shall provide a
88		-	certificate of the required insurance to the regulatory authority
89		-	before the person may commence a review or inspection under Section
90		-	247.002.
91		-	SECTION 4. Chapter 247, Local Government Code, as added by
92		-	Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular
93		-	Session, 2023, is amended by adding Section 247.0043 to read as
94		-	follows:
95		-	Sec. 247.0043. REGULATORY AUTHORITY LIABILITY. A
96		-	regulatory authority is not liable for a review or inspection
97		-	conducted by a person under Section 247.002.
98		-	SECTION 5. Chapter 247, Local Government Code, as added by
99		-	Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular
100		-	Session, 2023, is amended by adding Section 247.0047 to read as
101		-	follows:
102		-	Sec. 247.0047. REQUIRED PROVISION OF NECESSARY
103		-	INFORMATION; RELIANCE. (a) A regulatory authority shall:
104		-	(1) post on the regulatory authority's Internet
105		-	website each law, rule, standard, fee schedule, and other document
106		-	necessary for a person to review a development document or conduct a
107		-	development inspection under Section 247.002; or
108		-	(2) provide an electronic copy of the information
109		-	described by Subdivision (1) on request not later than the second
110		-	business day after the date the request is made.
111		-	(b) A person who reviews a development document or conducts
112		-	a development inspection under Section 247.002 may rely on the
113		-	accuracy and completeness of the information provided by a
114		-	regulatory authority under Subsection (a).
115		-	SECTION 6. Section 247.005, Local Government Code, as added
	69	+	SECTION 3. Section 247.005, Local Government Code, as added
116	70		by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular
117	71		Session, 2023, is amended to read as follows:
118	72		Sec. 247.005. WAIVER AND ADDITIONAL APPROVAL PROHIBITED. A
119	73		regulatory authority may not request or require an applicant to:
120	74		(1) waive:
121	75		(A) the applicant's right to obtain third-party
122	76		review under Section 247.002; or
123	77		(B) a deadline or other procedure under this
124	78		chapter; or
125	79		(2) obtain the regulatory authority's approval for a
126	80		development document or development inspection that a third-party
127	81		reviewer has approved.
128		-	SECTION 7. (a) Except as provided by Subsection (b) of this
129		-	section, Chapter 247, Local Government Code, as amended by this
130		-	Act, applies only to a development document or a request for a
131		-	development inspection, as those terms are defined by Section
	82	+	SECTION 4. Chapter 247, Local Government Code, as amended
	83	+	by this Act, applies only to a development document or a request for
	84	+	a development inspection, as those terms are defined by Section
132	85		247.001 of that chapter, that was not final on the effective date of
133	86		this Act. A development document or request for a development
134	87		inspection that was final before the effective date of this Act is
135	88		governed by the law applicable to the document or inspection
136	89		immediately before the effective date of this Act, and that law is
137	90		continued in effect for that purpose.
138		-	(b) Section 247.004(c), Local Government Code, as added by
139		-	this Act, applies only to the review of a development document or
140		-	development inspection, as those terms are defined by Section
141		-	247.001, Local Government Code, that begins on or after September
142		-	1, 2025.
143		-	SECTION 8. This Act takes effect immediately if it receives
	91	+	SECTION 5. This Act takes effect immediately if it receives
144	92		a vote of two-thirds of all the members elected to each house, as
145	93		provided by Section 39, Article III, Texas Constitution. If this
146	94		Act does not receive the vote necessary for immediate effect, this
147	95		Act takes effect September 1, 2025.