1 | 1 | | 89R4396 SCL-D |
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2 | 2 | | By: Harris H.B. No. 2977 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the authority of certain persons to obtain third-party |
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10 | 10 | | review of plats and property development plans, permits, and |
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11 | 11 | | similar documents, and the inspection of an improvement related to |
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12 | 12 | | such a document. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Section 247.002, Local Government Code, as added |
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15 | 15 | | by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular |
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16 | 16 | | Session, 2023, is amended to read as follows: |
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17 | 17 | | Sec. 247.002. OPTION FOR THIRD-PARTY REVIEW OR INSPECTION |
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18 | 18 | | [REQUIRED]. (a) Notwithstanding any other law, an applicant for |
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19 | 19 | | [If a regulatory authority does not approve, conditionally approve, |
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20 | 20 | | or disapprove a development document by the 15th day after the date |
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21 | 21 | | prescribed by a provision of this code for the approval, |
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22 | 22 | | conditional approval, or disapproval of the document,] any required |
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23 | 23 | | review of a development [the] document may obtain review of the |
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24 | 24 | | document from [be performed by] a person: |
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25 | 25 | | (1) other than: |
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26 | 26 | | (A) the applicant; or |
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27 | 27 | | (B) a person whose work is the subject of the |
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28 | 28 | | application; and |
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29 | 29 | | (2) who is: |
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30 | 30 | | (A) employed by the regulatory authority to |
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31 | 31 | | review development documents; |
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32 | 32 | | (B) employed by another political subdivision to |
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33 | 33 | | review development documents, if the regulatory authority has |
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34 | 34 | | approved the person to review development documents; or |
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35 | 35 | | (C) an engineer licensed under Chapter 1001, |
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36 | 36 | | Occupations Code. |
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37 | 37 | | (b) Notwithstanding any other law, an owner of land or an |
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38 | 38 | | improvement to the land that requires a development [If a |
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39 | 39 | | regulatory authority does not conduct a required development |
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40 | 40 | | inspection by the 15th day after the date prescribed by a provision |
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41 | 41 | | of this code for conducting the inspection, the] inspection may |
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42 | 42 | | obtain the inspection from [be conducted by] a person: |
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43 | 43 | | (1) other than: |
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44 | 44 | | (A) the owner of the land or improvement to the |
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45 | 45 | | land that is the subject of the inspection; or |
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46 | 46 | | (B) a person whose work is the subject of the |
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47 | 47 | | inspection; and |
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48 | 48 | | (2) who is: |
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49 | 49 | | (A) certified to inspect buildings by the |
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50 | 50 | | International Code Council; |
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51 | 51 | | (B) employed by the regulatory authority as a |
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52 | 52 | | building inspector; |
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53 | 53 | | (C) employed by another political subdivision as |
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54 | 54 | | a building inspector, if the regulatory authority has approved the |
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55 | 55 | | person to perform inspections; or |
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56 | 56 | | (D) an engineer licensed under Chapter 1001, |
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57 | 57 | | Occupations Code. |
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58 | 58 | | SECTION 2. Section 247.004(a), Local Government Code, as |
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59 | 59 | | added by Chapter 654 (H.B. 14), Acts of the 88th Legislature, |
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60 | 60 | | Regular Session, 2023, is amended to read as follows: |
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61 | 61 | | (a) A person who reviews a development document or conducts |
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62 | 62 | | a development inspection under Section 247.002 shall: |
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63 | 63 | | (1) review the document, conduct the inspection, and |
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64 | 64 | | take all other related actions in accordance with all applicable |
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65 | 65 | | provisions of law as if the person is the regulatory authority; and |
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66 | 66 | | (2) not later than the 15th day after the date the |
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67 | 67 | | person completes the review or inspection, provide notice to the |
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68 | 68 | | regulatory authority of the results of the review or inspection. |
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69 | 69 | | SECTION 3. Section 247.005, Local Government Code, as added |
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70 | 70 | | by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular |
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71 | 71 | | Session, 2023, is amended to read as follows: |
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72 | 72 | | Sec. 247.005. WAIVER AND ADDITIONAL APPROVAL PROHIBITED. A |
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73 | 73 | | regulatory authority may not request or require an applicant to: |
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74 | 74 | | (1) waive: |
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75 | 75 | | (A) the applicant's right to obtain third-party |
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76 | 76 | | review under Section 247.002; or |
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77 | 77 | | (B) a deadline or other procedure under this |
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78 | 78 | | chapter; or |
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79 | 79 | | (2) obtain the regulatory authority's approval for a |
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80 | 80 | | development document or development inspection that a third-party |
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81 | 81 | | reviewer has approved. |
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82 | 82 | | SECTION 4. Chapter 247, Local Government Code, as amended |
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83 | 83 | | by this Act, applies only to a development document or a request for |
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84 | 84 | | a development inspection, as those terms are defined by Section |
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85 | 85 | | 247.001 of that chapter, that was not final on the effective date of |
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86 | 86 | | this Act. A development document or request for a development |
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87 | 87 | | inspection that was final before the effective date of this Act is |
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88 | 88 | | governed by the law applicable to the document or inspection |
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89 | 89 | | immediately before the effective date of this Act, and that law is |
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90 | 90 | | continued in effect for that purpose. |
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91 | 91 | | SECTION 5. This Act takes effect immediately if it receives |
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92 | 92 | | a vote of two-thirds of all the members elected to each house, as |
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93 | 93 | | provided by Section 39, Article III, Texas Constitution. If this |
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94 | 94 | | Act does not receive the vote necessary for immediate effect, this |
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95 | 95 | | Act takes effect September 1, 2025. |
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