By: Capriglione H.B. No. 5193
A BILL TO BE ENTITLED
AN ACT
relating to improving efficiency, transparency, and regulatory
processes in state and local government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.261, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) A governmental body may not impose a charge under this
subchapter for providing a copy of public information if the
information is a report required to be filed with the governmental
body under Subchapter C or D, Chapter 254, Election Code, unless all
of those reports filed with the governmental body during the
preceding three years are available to the public on the
governmental body's Internet website.
SECTION 2. Section 552.269, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) The attorney general may cancel or reduce any charge or
portion of a charge imposed by a governmental body under this
subchapter if the attorney general determines that the governmental
body:
(1) has not maintained the requested information in
accordance with standard recordkeeping practices; or
(2) failed to comply with this chapter with regard to
the request for public information for which the charge is imposed.
SECTION 3. The changes in law made by Sections 1 and 2 of
this Act apply only to a request for public information received by
a governmental body or officer for public information on or after
the effective date of this Act.
SECTION 4. Section 247.002, Local Government Code, as added
by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular
Session, 2023, is amended to read as follows:
Sec. 247.002. OPTION FOR THIRD-PARTY REVIEW OR INSPECTION
[REQUIRED]. (a) Notwithstanding any other law, an applicant for
[If a regulatory authority does not approve, conditionally approve,
or disapprove a development document by the 15th day after the date
prescribed by a provision of this code for the approval,
conditional approval, or disapproval of the document,] any required
review of a development [the] document may obtain review of the
document from [be performed by] a person:
(1) other than:
(A) the applicant; or
(B) a person whose work is the subject of the
application; and
(2) who is:
(A) employed by the regulatory authority to
review development documents;
(B) employed by another political subdivision to
review development documents, if the regulatory authority has
approved the person to review development documents; or
(C) an engineer licensed under Chapter 1001,
Occupations Code.
(b) Notwithstanding any other law, an owner of land or an
improvement to the land that requires a development [If a
regulatory authority does not conduct a required development
inspection by the 15th day after the date prescribed by a provision
of this code for conducting the inspection, the] inspection may
obtain the inspection from [be conducted by] a person:
(1) other than:
(A) the owner of the land or improvement to the
land that is the subject of the inspection; or
(B) a person whose work is the subject of the
inspection; and
(2) who is:
(A) certified to inspect buildings by the
International Code Council;
(B) employed by the regulatory authority as a
building inspector;
(C) employed by another political subdivision as
a building inspector, if the regulatory authority has approved the
person to perform inspections; or
(D) an engineer licensed under Chapter 1001,
Occupations Code.
SECTION 5. Section 247.004(a), Local Government Code, as
added by Chapter 654 (H.B. 14), Acts of the 88th Legislature,
Regular Session, 2023, is amended to read as follows:
(a) A person who reviews a development document or conducts
a development inspection under Section 247.002 shall:
(1) review the document, conduct the inspection, and
take all other related actions in accordance with all applicable
provisions of law as if the person is the regulatory authority; and
(2) not later than the 15th day after the date the
person completes the review or inspection, provide notice to the
regulatory authority of the results of the review or inspection.
SECTION 6. Section 247.005, Local Government Code, as added
by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular
Session, 2023, is amended to read as follows:
Sec. 247.005. WAIVER AND ADDITIONAL APPROVAL PROHIBITED. A
regulatory authority may not request or require an applicant to:
(1) waive:
(A) the applicant's right to obtain third-party
review under Section 247.002; or
(B) a deadline or other procedure under this
chapter; or
(2) obtain the regulatory authority's approval for a
development document or development inspection that a third-party
reviewer has approved.
SECTION 7. Chapter 247, Local Government Code, as amended
by Sections 4, 5, and 6 of this Act, applies only to a development
document or a request for a development inspection, as those terms
are defined by Section 247.001 of that chapter, that was not final
on the effective date of this Act. A development document or request
for a development inspection that was final before the effective
date of this Act is governed by the law applicable to the document
or inspection immediately before the effective date of this Act,
and that law is continued in effect for that purpose.
SECTION 8. Section 437.001(7), Health and Safety Code, is
amended to read as follows:
(7) "Honey [Small honey] production operation" means a
beekeeper that[:
[(A) produces less than 2,500 pounds of honey
each year;
[(B)] sells or distributes [the] honey or
honeycomb [that] the beekeeper produces [either personally or with
the help of the beekeeper's immediate family members;
[(C) only sells or distributes honey or
honeycomb:
[(i) that is produced from a hive that is:
[(a) located in the state; and
[(b) owned and managed by the
beekeeper;
[(ii)] that is or from which is extracted
pure honey as defined by Section 131.001, Agriculture Code, [and]
that is raw and not blended with any other product or otherwise
adulterated[; and
[(iii) directly to consumers at the
beekeeper's home, a farmer's market, a farm stand, or a municipal,
county, or nonprofit fair, festival, or event; and
[(D) delivers the honey or honeycomb that the
beekeeper produces to the consumer at the point of sale or another
location designated by the consumer].
SECTION 9. Sections 437.0197, 437.0198, and 437.0199,
Health and Safety Code, are amended to read as follows:
Sec. 437.0197. EXEMPTION FOR [SMALL] HONEY PRODUCTION
OPERATION. A [small] honey production operation is not a food
service establishment for purposes of this chapter.
Sec. 437.0198. REGULATION OF [SMALL] HONEY PRODUCTION
OPERATION PROHIBITED. A local government authority, including a
local health department, may not regulate the production of honey
or honeycomb at a [small] honey production operation.
Sec. 437.0199. LABELING REQUIREMENTS FOR [SMALL] HONEY
PRODUCTION OPERATION. Honey or honeycomb sold or distributed by a
[small] honey production operation must be labeled in accordance
with Subchapter E, Chapter 131, Agriculture Code. [The label must
include:
[(1) the net weight of the honey expressed in both the
avoirdupois and metric systems;
[(2) the beekeeper's name and address; and
[(3) the statement "Bottled or packaged in a facility
not inspected by the Texas Department of State Health Services."]
SECTION 10. Chapter 437, Health and Safety Code, is amended
by adding Section 437.01991 to read as follows:
Sec. 437.01991. HONEY AS RAW AGRICULTURAL COMMODITY. (a)
In this section, "raw agricultural commodity" has the meaning
assigned by Section 431.002.
(b) For purposes of this subtitle and other applicable law,
a honey production operation that:
(1) extracts honey from honeycomb is harvesting a raw
agricultural commodity; and
(2) bottles extracted honey and packages cut honeycomb
is packaging a raw agricultural commodity without necessitating any
additional manufacturing or processing.
SECTION 11. Section 214.904, Local Government Code, is
amended by amending Subsections (b) and (d) and striking Subsection
(c) to read as follows:
Sec. 214.904. TIME FOR ISSUANCE OF MUNICIPAL BUILDING
PERMIT. (a) This section applies only to a permit required by a
municipality to erect or improve a building or other structure in
the municipality or its extraterritorial jurisdiction.
(b) Not later than the 30th [45th] day after the date an
application for a permit is submitted, the municipality must:
(1) grant or deny the permit;
[(2) provide written notice to the applicant stating
the reasons why the municipality has been unable to grant or deny
the permit application;] or
(2) [(3)] reach a written agreement with the applicant
providing for a deadline for granting or denying the permit.
[(c) For a permit application for which notice is provided
under Subsection (b)(2), the municipality must grant or deny the
permit not later than the 30th day after the date the notice is
received.]
(c) [(d)] If a municipality fails to grant or deny a permit
application in the time required by Subsection (c) or by an
agreement under Subsection (b)(2)[(3)], the municipality:
(1) may not collect any permit fees associated with
the application; and
(2) shall refund to the applicant any permit fees
associated with the application that have been collected.
SECTION 12. Section 214.904, Local Government Code, is
amended by amending Subsections (b) and (d) and adding Subsections
(e) and (f) to read as follows:
(b) Not later than the 45th day after the date an
application for a permit is submitted, the municipality must:
(1) grant or deny the permit;
(2) provide written notice to the applicant stating
the reasons why the municipality has been unable to grant or deny
the permit application in the time required by this subsection; or
(3) for a commercial building permit only, reach a
written agreement with the applicant providing for a deadline for
granting or denying the permit.
(d) If a municipality fails to comply with this section
[grant or deny a permit application in the time required by
Subsection (c) or by an agreement under Subsection (b)(3)], the
municipality:
(1) may not collect any permit fees associated with
the application; and
(2) shall refund to the applicant any permit fees
associated with the application that have been collected.
(e) A municipality may not:
(1) deny a permit solely because the municipality is
unable to comply with this section; or
(2) require an applicant to waive the requirements of
this section.
(f) In this section, "commercial" has the meaning assigned
by Section 214.211.
SECTION 13. Section 214.904, Local Government Code, as
amended by Sections 11 and 12 of this Act, applies only to a
municipal building permit application that is submitted on or after
the effective date of this Act. An application submitted before the
effective date of this Act is governed by the law in effect on the
date the application was submitted, and the former law is continued
in effect for that purpose.
SECTION 14. Chapter 41, Civil Practice and Remedies Code,
is amended by adding Section 41.0025 to read as follows:
Sec. 41.0025. LIABILITY LIMIT FOR NONECONOMIC DAMAGES IN
PERSONAL INJURY CLAIMS. (a) In an action on a personal injury
claim, civil liability to a claimant for noneconomic damages,
unless subject to a limitation imposed by other law, may not exceed:
(1) for noneconomic damages awarded as damages for
past and future physical pain and suffering, three times the amount
awarded to the claimant as damages for past and future health care
expenses; and
(2) for noneconomic damages awarded as damages for
past and future mental or emotional pain or anguish:
(A) $1 million if the claim arises from an event
primarily causing emotional injury to the claimant; or
(B) $250,000 if the claim arises from an event
primarily causing bodily injury to the claimant.
(b) For purposes of the limitations provided by Subsection
(a), all persons that may be responsible under a vicarious
liability theory for satisfying a judgment are treated as a single
defendant.
(c) Beginning on January 1, 2027, and continuing on January
1 of each subsequent year, the fixed-amount limitations provided by
Subsection (a) increase by 1.75 percent from the prior year's
amount.
SECTION 15. Section 71.010(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) Except as provided by Section 71.0105, the [The] jury
may award damages in an amount proportionate to the injury
resulting from the death.
SECTION 16. Subchapter A, Chapter 71, Civil Practice and
Remedies Code, is amended by adding Section 71.0105 to read as
follows:
Sec. 71.0105. LIABILITY LIMIT FOR CERTAIN NONECONOMIC
DAMAGES. (a) In an action brought under this subchapter, civil
liability for noneconomic damages, unless subject to a limitation
imposed by other law, may not exceed $1 million for each claimant as
damages for past and future mental or emotional pain or anguish.
(b) For purposes of the limitation provided by Subsection
(a), all persons that may be responsible under a vicarious
liability theory for satisfying a judgment are treated as a single
defendant.
(c) Beginning on January 1, 2027, and continuing on January
1 of each subsequent year, the fixed-amount limitation provided by
Subsection (a) increases by 1.75 percent from the prior year's
amount.
SECTION 17. The changes in law made by this Act are an
exercise of authority under Section 66(c), Article III, Texas
Constitution, and take effect only if this Act receives a vote of
three-fifths of all the members elected to each house, as provided
by Subsection (e) of that section.
SECTION 18. The changes in law made by Sections 14, 15, and
16 of this Act apply only to a cause of action that accrues on or
after the effective date of this Act.
SECTION 19. The heading to Chapter 437A, Health and Safety
Code, is amended to read as follows:
CHAPTER 437A. MOBILE FOOD SERVICE ESTABLISHMENTS OPERATING IN
[CERTAIN] COUNTIES WITH POPULATION OF MORE THAN ONE MILLION [IN
MORE THAN ONE MUNICIPALITY]
SECTION 20. Section 437A.002, Health and Safety Code, is
amended to read as follows:
Sec. 437A.002. APPLICABILITY. This chapter applies only to
a county[:
[(1)] with a population of more than one [2.1] million
[; and
[(2) in which is located partly or wholly:
[(A) an airport operating under Subchapter D,
Chapter 22, Transportation Code; and
[(B) an airport owned by the principal
municipality in the county that does not offer commercial air
service].
SECTION 21. The heading to Section 437A.006, Health and
Safety Code, is amended to read as follows:
Sec. 437A.006. INSPECTION [BY COUNTY].
SECTION 22. Section 437A.006, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) A county to which this chapter applies may delegate to a
municipality located wholly or partly in the county the inspection
of a mobile food service establishment operating in the
municipality.
SECTION 23. Chapter 437A, Health and Safety Code, is
amended by adding Sections 437A.0075 and 437A.0077 to read as
follows:
Sec. 437A.0075. PROHIBITED MUNICIPAL PERMIT REQUIREMENTS.
A municipality located wholly or partly in a county to which this
chapter applies may not require a permit or similar authorization,
other than the permit required under Section 437A.003, for a mobile
food service establishment to operate in the municipality.
Sec. 437A.0077. FEE CALCULATION. A county imposing a fee
for a permit issued or renewed under this chapter shall set the fee
in an amount not to exceed the amount necessary to recover the
annual expenditures for:
(1) reviewing and issuing or otherwise acting on
permits;
(2) amending and renewing permits;
(3) inspecting mobile food service establishments,
including a municipality's expenses for inspections delegated
under Section 437A.006; and
(4) otherwise administering this chapter and rules
adopted under this chapter.
SECTION 24. Section 437.0073, Health and Safety Code, is
repealed.
SECTION 25. The changes in law made by Sections 19, 20, 21,
22, 23, and 24 of this Act apply to an ordinance, rule, regulation,
policy, or procedure adopted before, on, or after the effective
date of this Act.
SECTION 26. This act takes effect September 1, 2025.