Texas 2025 - 89th Regular

Texas House Bill HB2977 Compare Versions

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11 89R4396 SCL-D
22 By: Harris H.B. No. 2977
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the authority of certain persons to obtain third-party
1010 review of plats and property development plans, permits, and
1111 similar documents, and the inspection of an improvement related to
1212 such a document.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Section 247.002, Local Government Code, as added
1515 by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular
1616 Session, 2023, is amended to read as follows:
1717 Sec. 247.002. OPTION FOR THIRD-PARTY REVIEW OR INSPECTION
1818 [REQUIRED]. (a) Notwithstanding any other law, an applicant for
1919 [If a regulatory authority does not approve, conditionally approve,
2020 or disapprove a development document by the 15th day after the date
2121 prescribed by a provision of this code for the approval,
2222 conditional approval, or disapproval of the document,] any required
2323 review of a development [the] document may obtain review of the
2424 document from [be performed by] a person:
2525 (1) other than:
2626 (A) the applicant; or
2727 (B) a person whose work is the subject of the
2828 application; and
2929 (2) who is:
3030 (A) employed by the regulatory authority to
3131 review development documents;
3232 (B) employed by another political subdivision to
3333 review development documents, if the regulatory authority has
3434 approved the person to review development documents; or
3535 (C) an engineer licensed under Chapter 1001,
3636 Occupations Code.
3737 (b) Notwithstanding any other law, an owner of land or an
3838 improvement to the land that requires a development [If a
3939 regulatory authority does not conduct a required development
4040 inspection by the 15th day after the date prescribed by a provision
4141 of this code for conducting the inspection, the] inspection may
4242 obtain the inspection from [be conducted by] a person:
4343 (1) other than:
4444 (A) the owner of the land or improvement to the
4545 land that is the subject of the inspection; or
4646 (B) a person whose work is the subject of the
4747 inspection; and
4848 (2) who is:
4949 (A) certified to inspect buildings by the
5050 International Code Council;
5151 (B) employed by the regulatory authority as a
5252 building inspector;
5353 (C) employed by another political subdivision as
5454 a building inspector, if the regulatory authority has approved the
5555 person to perform inspections; or
5656 (D) an engineer licensed under Chapter 1001,
5757 Occupations Code.
5858 SECTION 2. Section 247.004(a), Local Government Code, as
5959 added by Chapter 654 (H.B. 14), Acts of the 88th Legislature,
6060 Regular Session, 2023, is amended to read as follows:
6161 (a) A person who reviews a development document or conducts
6262 a development inspection under Section 247.002 shall:
6363 (1) review the document, conduct the inspection, and
6464 take all other related actions in accordance with all applicable
6565 provisions of law as if the person is the regulatory authority; and
6666 (2) not later than the 15th day after the date the
6767 person completes the review or inspection, provide notice to the
6868 regulatory authority of the results of the review or inspection.
6969 SECTION 3. Section 247.005, Local Government Code, as added
7070 by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular
7171 Session, 2023, is amended to read as follows:
7272 Sec. 247.005. WAIVER AND ADDITIONAL APPROVAL PROHIBITED. A
7373 regulatory authority may not request or require an applicant to:
7474 (1) waive:
7575 (A) the applicant's right to obtain third-party
7676 review under Section 247.002; or
7777 (B) a deadline or other procedure under this
7878 chapter; or
7979 (2) obtain the regulatory authority's approval for a
8080 development document or development inspection that a third-party
8181 reviewer has approved.
8282 SECTION 4. Chapter 247, Local Government Code, as amended
8383 by this Act, applies only to a development document or a request for
8484 a development inspection, as those terms are defined by Section
8585 247.001 of that chapter, that was not final on the effective date of
8686 this Act. A development document or request for a development
8787 inspection that was final before the effective date of this Act is
8888 governed by the law applicable to the document or inspection
8989 immediately before the effective date of this Act, and that law is
9090 continued in effect for that purpose.
9191 SECTION 5. This Act takes effect immediately if it receives
9292 a vote of two-thirds of all the members elected to each house, as
9393 provided by Section 39, Article III, Texas Constitution. If this
9494 Act does not receive the vote necessary for immediate effect, this
9595 Act takes effect September 1, 2025.