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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal and county permitting requirements to conduct |
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certain repairs on residential buildings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 214, Local Government |
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Code, is amended by adding Section 214.909 to read as follows: |
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Sec. 214.909. EMERGENCY REPAIRS TO RESIDENTIAL BUILDINGS. |
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(a) A municipality shall allow an owner of a damaged residential |
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building to immediately begin to conduct repairs to the building |
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if: |
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(1) the repairs are necessary to: |
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(A) protect public safety; |
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(B) prevent further damage to the building; or |
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(C) protect the overall structural integrity of |
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the building; and |
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(2) the owner applies for an emergency permit as |
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provided by Subsection (b). |
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(b) An owner of a residential building may apply for an |
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emergency permit to conduct repairs by filing an application not |
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later than the third business day after the later of: |
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(1) the date the repairs commence; or |
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(2) the date the municipality is able to accept the |
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application. |
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(c) This section may not be construed to prohibit a |
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municipality from conducting a code inspection of a residential |
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building for which repairs have been made under this section. |
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(d) The governor may not exempt a municipality from this |
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section by an executive order issued under Chapter 418, Government |
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Code. |
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(e) An owner of a residential building who is prohibited |
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from conducting repairs by a municipality in violation of this |
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section may bring an action against the municipality for damages |
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incurred due to the violation. The owner may recover reasonable |
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attorney's fees and litigation costs if the owner prevails in the |
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action. Governmental immunity of the municipality to suit and from |
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liability is waived to the extent of liability created by this |
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subsection. |
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SECTION 2. Subchapter Z, Chapter 233, Local Government |
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Code, is amended by adding Section 233.902 to read as follows: |
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Sec. 233.902. EMERGENCY REPAIRS TO RESIDENTIAL BUILDINGS. |
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(a) A county shall allow an owner of a damaged residential building |
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to immediately begin to conduct repairs to the building if: |
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(1) the repairs are necessary to: |
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(A) protect public safety; |
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|
(B) prevent further damage to the building; or |
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|
(C) protect the overall structural integrity of |
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|
the building; and |
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(2) the owner applies for an emergency permit as |
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|
provided by Subsection (b). |
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(b) An owner of a residential building may apply for an |
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emergency permit to conduct repairs by filing an application not |
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|
later than the third business day after the later of: |
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|
(1) the date the repairs commence; or |
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|
(2) the date the county is able to accept the |
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|
application. |
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(c) This section may not be construed to prohibit a county |
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from conducting a code inspection of a residential building for |
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which repairs have been made under this section. |
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(d) The governor may not exempt a county from this section |
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by an executive order issued under Chapter 418, Government Code. |
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(e) An owner of a residential building who is prohibited |
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from conducting repairs by a county in violation of this section may |
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bring an action against the county for damages incurred due to the |
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violation. The owner may recover reasonable attorney's fees and |
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litigation costs if the owner prevails in the action. Governmental |
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immunity of the county to suit and from liability is waived to the |
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extent of liability created by this subsection. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |