By: Harris of Anderson, et al. H.B. No. 14
        (Senate Sponsor - Bettencourt)
         (In the Senate - Received from the House April 17, 2023;
  April 19, 2023, read first time and referred to Committee on Local
  Government; May 19, 2023, reported favorably by the following
  vote:  Yeas 7, Nays 1; May 19, 2023, sent to printer.)
Click here to see the committee vote
 
 
 
  COMMITTEE VOTE
 
 
         YeaNayAbsentPNV
         BettencourtX
         SpringerX
         EckhardtX
         GutierrezX
         HallX
         NicholsX
         ParkerX
         PaxtonX
         WestX
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to third-party review of plats and property development
  plans, permits, and similar documents, and the inspection of an
  improvement related to such a document.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 7, Local Government Code, is
  amended by adding Chapter 247 to read as follows:
  CHAPTER 247.  THIRD-PARTY REVIEW OF DEVELOPMENT DOCUMENTS AND
  INSPECTION OF IMPROVEMENTS
         Sec. 247.001.  DEFINITIONS.  In this chapter:
               (1)  "Development document" means a document,
  including an application for a plat, plan, or development permit,
  related to the development of or improvement to land that is
  required by law, ordinance, rule, or other measure to be approved by
  a regulatory authority in order for a person to initiate, engage in,
  or complete the development or improvement.
               (2)  "Development inspection" means the inspection of
  an improvement to land required by a regulatory authority as part of
  a project to develop the land or construct or improve an improvement
  to the land.
               (3)  "Development permit" means a permit required by a
  regulatory authority to develop land or construct or improve an
  improvement to land.
               (4)  "Plan" has the meaning assigned by Section
  212.001.
               (5)  "Plat" has the meaning assigned by Section 212.001
  except that the term includes a development plat under Subchapter
  B, Chapter 212.
               (6)  "Regulatory authority" means the governing body of
  a political subdivision, or a department, board, commission, or
  other entity of the political subdivision, responsible for
  processing or approving a development document or conducting a
  development inspection.
         Sec. 247.002.  THIRD-PARTY REVIEW OR INSPECTION REQUIRED.  
  (a)  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 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.
         Sec. 247.003.  ADDITIONAL FEE PROHIBITED.  A regulatory
  authority may not impose a fee related to the review of a
  development document or the inspection of an improvement conducted
  under Section 247.002.
         Sec. 247.004.  THIRD-PARTY REQUIREMENTS.  (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; 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.
         (b)  A regulatory authority may prescribe a reasonable
  format for the notice required under Subsection (a).
         Sec. 247.005.  WAIVER PROHIBITED.  A regulatory authority
  may not request or require an applicant to waive a deadline or other
  procedure under this chapter.
         Sec. 247.006.  APPEAL.  (a)  A person may appeal to the
  governing body of a political subdivision:
               (1)  a decision to conditionally approve or disapprove
  a development document made by the regulatory authority for the
  political subdivision or a person authorized by Section 247.002(a)
  to perform the review of the document; or
               (2)  a decision regarding a development inspection
  conducted by the regulatory authority or a person authorized by
  Section 247.002(b) to perform the inspection.
         (b)  A person must file an appeal under this section not
  later than the 15th day after the date the decision being appealed
  is made. 
         (c)  If the governing body hearing the appeal does not affirm
  the decision being appealed by a majority vote on or before the 60th
  day after the date the appeal is filed:
               (1)  the development document that is the subject of
  the appeal is considered approved; or
               (2)  the development inspection that is the subject of
  the appeal is waived.
         SECTION 2.  Chapter 247, Local Government Code, as added by
  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 code, that is submitted to the appropriate
  regulatory authority on or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2023.
 
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