Texas 2025 - 89th Regular

Texas House Bill HB5193 Compare Versions

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1	1		By: Capriglione H.B. No. 5193
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to improving efficiency, transparency, and regulatory
7	9		processes in state and local government.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 552.261, Government Code, is amended by
10	12		adding Subsection (f) to read as follows:
11	13		(f) A governmental body may not impose a charge under this
12	14		subchapter for providing a copy of public information if the
13	15		information is a report required to be filed with the governmental
14	16		body under Subchapter C or D, Chapter 254, Election Code, unless all
15	17		of those reports filed with the governmental body during the
16	18		preceding three years are available to the public on the
17	19		governmental body's Internet website.
18	20		SECTION 2. Section 552.269, Government Code, is amended by
19	21		adding Subsection (c) to read as follows:
20	22		(c) The attorney general may cancel or reduce any charge or
21	23		portion of a charge imposed by a governmental body under this
22	24		subchapter if the attorney general determines that the governmental
23	25		body:
24	26		(1) has not maintained the requested information in
25	27		accordance with standard recordkeeping practices; or
26	28		(2) failed to comply with this chapter with regard to
27	29		the request for public information for which the charge is imposed.
28	30		SECTION 3. The changes in law made by Sections 1 and 2 of
29	31		this Act apply only to a request for public information received by
30	32		a governmental body or officer for public information on or after
31	33		the effective date of this Act.
32	34		SECTION 4. Section 247.002, Local Government Code, as added
33	35		by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular
34	36		Session, 2023, is amended to read as follows:
35	37		Sec. 247.002. OPTION FOR THIRD-PARTY REVIEW OR INSPECTION
36	38		[REQUIRED]. (a) Notwithstanding any other law, an applicant for
37	39		[If a regulatory authority does not approve, conditionally approve,
38	40		or disapprove a development document by the 15th day after the date
39	41		prescribed by a provision of this code for the approval,
40	42		conditional approval, or disapproval of the document,] any required
41	43		review of a development [the] document may obtain review of the
42	44		document from [be performed by] a person:
43	45		(1) other than:
44	46		(A) the applicant; or
45	47		(B) a person whose work is the subject of the
46	48		application; and
47	49		(2) who is:
48	50		(A) employed by the regulatory authority to
49	51		review development documents;
50	52		(B) employed by another political subdivision to
51	53		review development documents, if the regulatory authority has
52	54		approved the person to review development documents; or
53	55		(C) an engineer licensed under Chapter 1001,
54	56		Occupations Code.
55	57		(b) Notwithstanding any other law, an owner of land or an
56	58		improvement to the land that requires a development [If a
57	59		regulatory authority does not conduct a required development
58	60		inspection by the 15th day after the date prescribed by a provision
59	61		of this code for conducting the inspection, the] inspection may
60	62		obtain the inspection from [be conducted by] a person:
61	63		(1) other than:
62	64		(A) the owner of the land or improvement to the
63	65		land that is the subject of the inspection; or
64	66		(B) a person whose work is the subject of the
65	67		inspection; and
66	68		(2) who is:
67	69		(A) certified to inspect buildings by the
68	70		International Code Council;
69	71		(B) employed by the regulatory authority as a
70	72		building inspector;
71	73		(C) employed by another political subdivision as
72	74		a building inspector, if the regulatory authority has approved the
73	75		person to perform inspections; or
74	76		(D) an engineer licensed under Chapter 1001,
75	77		Occupations Code.
76	78		SECTION 5. Section 247.004(a), Local Government Code, as
77	79		added by Chapter 654 (H.B. 14), Acts of the 88th Legislature,
78	80		Regular Session, 2023, is amended to read as follows:
79	81		(a) A person who reviews a development document or conducts
80	82		a development inspection under Section 247.002 shall:
81	83		(1) review the document, conduct the inspection, and
82	84		take all other related actions in accordance with all applicable
83	85		provisions of law as if the person is the regulatory authority; and
84	86		(2) not later than the 15th day after the date the
85	87		person completes the review or inspection, provide notice to the
86	88		regulatory authority of the results of the review or inspection.
87	89		SECTION 6. Section 247.005, Local Government Code, as added
88	90		by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular
89	91		Session, 2023, is amended to read as follows:
90	92		Sec. 247.005. WAIVER AND ADDITIONAL APPROVAL PROHIBITED. A
91	93		regulatory authority may not request or require an applicant to:
92	94		(1) waive:
93	95		(A) the applicant's right to obtain third-party
94	96		review under Section 247.002; or
95	97		(B) a deadline or other procedure under this
96	98		chapter; or
97	99		(2) obtain the regulatory authority's approval for a
98	100		development document or development inspection that a third-party
99	101		reviewer has approved.
100	102		SECTION 7. Chapter 247, Local Government Code, as amended
101	103		by Sections 4, 5, and 6 of this Act, applies only to a development
102	104		document or a request for a development inspection, as those terms
103	105		are defined by Section 247.001 of that chapter, that was not final
104	106		on the effective date of this Act. A development document or request
105	107		for a development inspection that was final before the effective
106	108		date of this Act is governed by the law applicable to the document
107	109		or inspection immediately before the effective date of this Act,
108	110		and that law is continued in effect for that purpose.
109	111		SECTION 8. Section 437.001(7), Health and Safety Code, is
110	112		amended to read as follows:
111	113		(7) "Honey [Small honey] production operation" means a
112	114		beekeeper that[:
113	115		[(A) produces less than 2,500 pounds of honey
114	116		each year;
115	117		[(B)] sells or distributes [the] honey or
116	118		honeycomb [that] the beekeeper produces [either personally or with
117	119		the help of the beekeeper's immediate family members;
118	120		[(C) only sells or distributes honey or
119	121		honeycomb:
120	122		[(i) that is produced from a hive that is:
121	123		[(a) located in the state; and
122	124		[(b) owned and managed by the
123	125		beekeeper;
124	126		[(ii)] that is or from which is extracted
125	127		pure honey as defined by Section 131.001, Agriculture Code, [and]
126	128		that is raw and not blended with any other product or otherwise
127	129		adulterated[; and
128	130		[(iii) directly to consumers at the
129	131		beekeeper's home, a farmer's market, a farm stand, or a municipal,
130	132		county, or nonprofit fair, festival, or event; and
131	133		[(D) delivers the honey or honeycomb that the
132	134		beekeeper produces to the consumer at the point of sale or another
133	135		location designated by the consumer].
134	136		SECTION 9. Sections 437.0197, 437.0198, and 437.0199,
135	137		Health and Safety Code, are amended to read as follows:
136	138		Sec. 437.0197. EXEMPTION FOR [SMALL] HONEY PRODUCTION
137	139		OPERATION. A [small] honey production operation is not a food
138	140		service establishment for purposes of this chapter.
139	141		Sec. 437.0198. REGULATION OF [SMALL] HONEY PRODUCTION
140	142		OPERATION PROHIBITED. A local government authority, including a
141	143		local health department, may not regulate the production of honey
142	144		or honeycomb at a [small] honey production operation.
143	145		Sec. 437.0199. LABELING REQUIREMENTS FOR [SMALL] HONEY
144	146		PRODUCTION OPERATION. Honey or honeycomb sold or distributed by a
145	147		[small] honey production operation must be labeled in accordance
146	148		with Subchapter E, Chapter 131, Agriculture Code. [The label must
147	149		include:
148	150		[(1) the net weight of the honey expressed in both the
149	151		avoirdupois and metric systems;
150	152		[(2) the beekeeper's name and address; and
151	153		[(3) the statement "Bottled or packaged in a facility
152	154		not inspected by the Texas Department of State Health Services."]
153	155		SECTION 10. Chapter 437, Health and Safety Code, is amended
154	156		by adding Section 437.01991 to read as follows:
155	157		Sec. 437.01991. HONEY AS RAW AGRICULTURAL COMMODITY. (a)
156	158		In this section, "raw agricultural commodity" has the meaning
157	159		assigned by Section 431.002.
158	160		(b) For purposes of this subtitle and other applicable law,
159	161		a honey production operation that:
160	162		(1) extracts honey from honeycomb is harvesting a raw
161	163		agricultural commodity; and
162	164		(2) bottles extracted honey and packages cut honeycomb
163	165		is packaging a raw agricultural commodity without necessitating any
164	166		additional manufacturing or processing.
165	167		SECTION 11. Section 214.904, Local Government Code, is
166	168		amended by amending Subsections (b) and (d) and striking Subsection
167	169		(c) to read as follows:
168	170		Sec. 214.904. TIME FOR ISSUANCE OF MUNICIPAL BUILDING
169	171		PERMIT. (a) This section applies only to a permit required by a
170	172		municipality to erect or improve a building or other structure in
171	173		the municipality or its extraterritorial jurisdiction.
172	174		(b) Not later than the 30th [45th] day after the date an
173	175		application for a permit is submitted, the municipality must:
174	176		(1) grant or deny the permit;
175	177		[(2) provide written notice to the applicant stating
176	178		the reasons why the municipality has been unable to grant or deny
177	179		the permit application;] or
178	180		(2) [(3)] reach a written agreement with the applicant
179	181		providing for a deadline for granting or denying the permit.
180	182		[(c) For a permit application for which notice is provided
181	183		under Subsection (b)(2), the municipality must grant or deny the
182	184		permit not later than the 30th day after the date the notice is
183	185		received.]
184	186		(c) [(d)] If a municipality fails to grant or deny a permit
185	187		application in the time required by Subsection (c) or by an
186	188		agreement under Subsection (b)(2)[(3)], the municipality:
187	189		(1) may not collect any permit fees associated with
188	190		the application; and
189	191		(2) shall refund to the applicant any permit fees
190	192		associated with the application that have been collected.
191	193		SECTION 12. Section 214.904, Local Government Code, is
192	194		amended by amending Subsections (b) and (d) and adding Subsections
193	195		(e) and (f) to read as follows:
194	196		(b) Not later than the 45th day after the date an
195	197		application for a permit is submitted, the municipality must:
196	198		(1) grant or deny the permit;
197	199		(2) provide written notice to the applicant stating
198	200		the reasons why the municipality has been unable to grant or deny
199	201		the permit application in the time required by this subsection; or
200	202		(3) for a commercial building permit only, reach a
201	203		written agreement with the applicant providing for a deadline for
202	204		granting or denying the permit.
203	205		(d) If a municipality fails to comply with this section
204	206		[grant or deny a permit application in the time required by
205	207		Subsection (c) or by an agreement under Subsection (b)(3)], the
206	208		municipality:
207	209		(1) may not collect any permit fees associated with
208	210		the application; and
209	211		(2) shall refund to the applicant any permit fees
210	212		associated with the application that have been collected.
211	213		(e) A municipality may not:
212	214		(1) deny a permit solely because the municipality is
213	215		unable to comply with this section; or
214	216		(2) require an applicant to waive the requirements of
215	217		this section.
216	218		(f) In this section, "commercial" has the meaning assigned
217	219		by Section 214.211.
218	220		SECTION 13. Section 214.904, Local Government Code, as
219	221		amended by Sections 11 and 12 of this Act, applies only to a
220	222		municipal building permit application that is submitted on or after
221	223		the effective date of this Act. An application submitted before the
222	224		effective date of this Act is governed by the law in effect on the
223	225		date the application was submitted, and the former law is continued
224	226		in effect for that purpose.
225	227		SECTION 14. Chapter 41, Civil Practice and Remedies Code,
226	228		is amended by adding Section 41.0025 to read as follows:
227	229		Sec. 41.0025. LIABILITY LIMIT FOR NONECONOMIC DAMAGES IN
228	230		PERSONAL INJURY CLAIMS. (a) In an action on a personal injury
229	231		claim, civil liability to a claimant for noneconomic damages,
230	232		unless subject to a limitation imposed by other law, may not exceed:
231	233		(1) for noneconomic damages awarded as damages for
232	234		past and future physical pain and suffering, three times the amount
233	235		awarded to the claimant as damages for past and future health care
234	236		expenses; and
235	237		(2) for noneconomic damages awarded as damages for
236	238		past and future mental or emotional pain or anguish:
237	239		(A) $1 million if the claim arises from an event
238	240		primarily causing emotional injury to the claimant; or
239	241		(B) $250,000 if the claim arises from an event
240	242		primarily causing bodily injury to the claimant.
241	243		(b) For purposes of the limitations provided by Subsection
242	244		(a), all persons that may be responsible under a vicarious
243	245		liability theory for satisfying a judgment are treated as a single
244	246		defendant.
245	247		(c) Beginning on January 1, 2027, and continuing on January
246	248		1 of each subsequent year, the fixed-amount limitations provided by
247	249		Subsection (a) increase by 1.75 percent from the prior year's
248	250		amount.
249	251		SECTION 15. Section 71.010(a), Civil Practice and Remedies
250	252		Code, is amended to read as follows:
251	253		(a) Except as provided by Section 71.0105, the [The] jury
252	254		may award damages in an amount proportionate to the injury
253	255		resulting from the death.
254	256		SECTION 16. Subchapter A, Chapter 71, Civil Practice and
255	257		Remedies Code, is amended by adding Section 71.0105 to read as
256	258		follows:
257	259		Sec. 71.0105. LIABILITY LIMIT FOR CERTAIN NONECONOMIC
258	260		DAMAGES. (a) In an action brought under this subchapter, civil
259	261		liability for noneconomic damages, unless subject to a limitation
260	262		imposed by other law, may not exceed $1 million for each claimant as
261	263		damages for past and future mental or emotional pain or anguish.
262	264		(b) For purposes of the limitation provided by Subsection
263	265		(a), all persons that may be responsible under a vicarious
264	266		liability theory for satisfying a judgment are treated as a single
265	267		defendant.
266	268		(c) Beginning on January 1, 2027, and continuing on January
267	269		1 of each subsequent year, the fixed-amount limitation provided by
268	270		Subsection (a) increases by 1.75 percent from the prior year's
269	271		amount.
270	272		SECTION 17. The changes in law made by this Act are an
271	273		exercise of authority under Section 66(c), Article III, Texas
272	274		Constitution, and take effect only if this Act receives a vote of
273	275		three-fifths of all the members elected to each house, as provided
274	276		by Subsection (e) of that section.
275	277		SECTION 18. The changes in law made by Sections 14, 15, and
276	278		16 of this Act apply only to a cause of action that accrues on or
277	279		after the effective date of this Act.
278	280		SECTION 19. The heading to Chapter 437A, Health and Safety
279	281		Code, is amended to read as follows:
280	282		CHAPTER 437A. MOBILE FOOD SERVICE ESTABLISHMENTS OPERATING IN
281	283		[CERTAIN] COUNTIES WITH POPULATION OF MORE THAN ONE MILLION [IN
282	284		MORE THAN ONE MUNICIPALITY]
283	285		SECTION 20. Section 437A.002, Health and Safety Code, is
284	286		amended to read as follows:
285	287		Sec. 437A.002. APPLICABILITY. This chapter applies only to
286	288		a county[:
287	289		[(1)] with a population of more than one [2.1] million
288	290		[; and
289	291		[(2) in which is located partly or wholly:
290	292		[(A) an airport operating under Subchapter D,
291	293		Chapter 22, Transportation Code; and
292	294		[(B) an airport owned by the principal
293	295		municipality in the county that does not offer commercial air
294	296		service].
295	297		SECTION 21. The heading to Section 437A.006, Health and
296	298		Safety Code, is amended to read as follows:
297	299		Sec. 437A.006. INSPECTION [BY COUNTY].
298	300		SECTION 22. Section 437A.006, Health and Safety Code, is
299	301		amended by adding Subsection (d) to read as follows:
300	302		(d) A county to which this chapter applies may delegate to a
301	303		municipality located wholly or partly in the county the inspection
302	304		of a mobile food service establishment operating in the
303	305		municipality.
304	306		SECTION 23. Chapter 437A, Health and Safety Code, is
305	307		amended by adding Sections 437A.0075 and 437A.0077 to read as
306	308		follows:
307	309		Sec. 437A.0075. PROHIBITED MUNICIPAL PERMIT REQUIREMENTS.
308	310		A municipality located wholly or partly in a county to which this
309	311		chapter applies may not require a permit or similar authorization,
310	312		other than the permit required under Section 437A.003, for a mobile
311	313		food service establishment to operate in the municipality.
312	314		Sec. 437A.0077. FEE CALCULATION. A county imposing a fee
313	315		for a permit issued or renewed under this chapter shall set the fee
314	316		in an amount not to exceed the amount necessary to recover the
315	317		annual expenditures for:
316	318		(1) reviewing and issuing or otherwise acting on
317	319		permits;
318	320		(2) amending and renewing permits;
319	321		(3) inspecting mobile food service establishments,
320	322		including a municipality's expenses for inspections delegated
321	323		under Section 437A.006; and
322	324		(4) otherwise administering this chapter and rules
323	325		adopted under this chapter.
324	326		SECTION 24. Section 437.0073, Health and Safety Code, is
325	327		repealed.
326	328		SECTION 25. The changes in law made by Sections 19, 20, 21,
327	329		22, 23, and 24 of this Act apply to an ordinance, rule, regulation,
328	330		policy, or procedure adopted before, on, or after the effective
329	331		date of this Act.
330	332		SECTION 26. This act takes effect September 1, 2025.