| 1 | 1 | | 89R4199 SCL-F |
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| 2 | 2 | | By: Harris H.B. No. 4677 |
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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 third-party review of development documents and |
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| 10 | 10 | | inspection of improvements required to be approved by a political |
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| 11 | 11 | | subdivision. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 247.002, Local Government Code, as added |
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| 14 | 14 | | by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular |
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| 15 | 15 | | Session, 2023, is amended to read as follows: |
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| 16 | 16 | | Sec. 247.002. THIRD-PARTY REVIEW OR INSPECTION REQUIRED. |
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| 17 | 17 | | (a) If a regulatory authority does not approve, conditionally |
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| 18 | 18 | | approve, or disapprove a development document, including a |
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| 19 | 19 | | development permit, by the 15th day after the date prescribed by a |
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| 20 | 20 | | provision of this code for the approval, conditional approval, or |
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| 21 | 21 | | disapproval of the document, any required review of the document |
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| 22 | 22 | | may be performed by a person: |
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| 23 | 23 | | (1) other than: |
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| 24 | 24 | | (A) the applicant; or |
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| 25 | 25 | | (B) a person whose work is the subject of the |
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| 26 | 26 | | application; and |
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| 27 | 27 | | (2) who is: |
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| 28 | 28 | | (A) employed by the regulatory authority to |
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| 29 | 29 | | review development documents; |
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| 30 | 30 | | (B) employed by another political subdivision to |
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| 31 | 31 | | review development documents, if the regulatory authority has |
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| 32 | 32 | | approved the person to review development documents; or |
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| 33 | 33 | | (C) an engineer licensed under Chapter 1001, |
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| 34 | 34 | | Occupations Code. |
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| 35 | 35 | | (b) If a regulatory authority does not conduct a required |
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| 36 | 36 | | development inspection by the 15th day after the date prescribed by |
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| 37 | 37 | | a provision of this code for conducting the inspection, the |
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| 38 | 38 | | inspection may be conducted by a person: |
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| 39 | 39 | | (1) other than: |
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| 40 | 40 | | (A) the owner of the land or improvement to the |
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| 41 | 41 | | land that is the subject of the inspection; or |
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| 42 | 42 | | (B) a person whose work is the subject of the |
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| 43 | 43 | | inspection; and |
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| 44 | 44 | | (2) who is: |
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| 45 | 45 | | (A) certified [to inspect buildings] by the |
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| 46 | 46 | | International Code Council; |
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| 47 | 47 | | (B) employed by the regulatory authority as a |
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| 48 | 48 | | building inspector; |
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| 49 | 49 | | (C) employed by another political subdivision as |
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| 50 | 50 | | a building inspector, if the regulatory authority has approved the |
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| 51 | 51 | | person to perform inspections; or |
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| 52 | 52 | | (D) an engineer licensed under Chapter 1001, |
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| 53 | 53 | | Occupations Code. |
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| 54 | 54 | | (c) A political subdivision is not liable for a review or |
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| 55 | 55 | | inspection performed by a third party under this chapter. |
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| 56 | 56 | | SECTION 2. Section 247.002(a), Local Government Code, as |
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| 57 | 57 | | amended by this Act, and Section 247.002(c), Local Government Code, |
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| 58 | 58 | | as added by this Act, are intended to clarify rather than change |
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| 59 | 59 | | existing law. |
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| 60 | 60 | | SECTION 3. This Act takes effect immediately if it receives |
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| 61 | 61 | | a vote of two-thirds of all the members elected to each house, as |
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| 62 | 62 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 63 | 63 | | Act does not receive the vote necessary for immediate effect, this |
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| 64 | 64 | | Act takes effect September 1, 2025. |
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