By: Bettencourt S.B. No. 1450
A BILL TO BE ENTITLED
AN ACT
relating to third-party review of development documents and
inspection of improvements required to be approved by a political
subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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. THIRD-PARTY REVIEW OR INSPECTION REQUIRED.
(a) If a regulatory authority does not approve, conditionally
approve, or disapprove a development document, including a
development permit, 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 the document
may 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) 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 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.
(c) A political subdivision is not liable for a review or
inspection performed by a third party under this chapter.
SECTION 2. Section 247.002(a), Local Government Code, as
amended by this Act, and Section 247.002(c), Local Government Code,
as added by this Act, are intended to clarify rather than change
existing law.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.