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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain persons to obtain third-party |
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review of plats and property development plans, permits, and |
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similar documents, and the inspection of an improvement related to |
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such a document. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 247.001(4), Local Government Code, as |
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added by Chapter 654 (H.B. 14), Acts of the 88th Legislature, |
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Regular Session, 2023, is amended to read as follows: |
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(4) "Plan" means a subdivision development plan, |
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including a subdivision plan, subdivision construction plan, land |
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development application, and site development plan [has the meaning |
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assigned by Section 212.001]. |
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SECTION 2. Section 247.002, Local Government Code, as added |
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by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular |
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Session, 2023, is amended to read as follows: |
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Sec. 247.002. OPTION FOR THIRD-PARTY REVIEW OR INSPECTION |
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[REQUIRED]. (a) Notwithstanding any other law, an applicant for |
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[If a regulatory authority does not approve, conditionally approve, |
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or disapprove a development document by the 15th day after the date |
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prescribed by a provision of this code for the approval, |
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conditional approval, or disapproval of the document,] any required |
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review of a development [the] document may obtain review of the |
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document from [be performed by] a person: |
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(1) other than: |
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(A) the applicant; or |
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(B) a person whose work is the subject of the |
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application; and |
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(2) who is: |
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(A) employed by the regulatory authority to |
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review development documents; |
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(B) employed by another political subdivision to |
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review development documents, if the regulatory authority has |
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approved the person to review development documents; or |
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(C) an engineer licensed under Chapter 1001, |
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Occupations Code. |
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(b) Notwithstanding any other law, an owner of land or an |
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improvement to the land that requires a development [If a |
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regulatory authority does not conduct a required development |
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inspection by the 15th day after the date prescribed by a provision |
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of this code for conducting the inspection, the] inspection may |
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obtain the inspection from [be conducted by] a person: |
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(1) other than: |
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(A) the owner of the land or improvement to the |
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land that is the subject of the inspection; or |
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(B) a person whose work is the subject of the |
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inspection; and |
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(2) who is: |
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(A) certified to inspect buildings by the |
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International Code Council; |
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(B) employed by the regulatory authority as a |
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building inspector; |
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(C) employed by another political subdivision as |
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a building inspector, if the regulatory authority has approved the |
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person to perform inspections; or |
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(D) an engineer licensed under Chapter 1001, |
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Occupations Code. |
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(c) Notwithstanding any other law, an applicant or owner of |
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land or an improvement to land who uses a person to conduct a review |
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or inspection under this section may rely on the determinations |
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made by the person, and any permits and approvals issued based on |
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those determinations are binding on the regulatory authority. |
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SECTION 3. Section 247.004, Local Government Code, as added |
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by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular |
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Session, 2023, is amended by amending Subsection (a) and adding |
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Subsection (c) to read as follows: |
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(a) A person who reviews a development document or conducts |
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a development inspection under Section 247.002 shall: |
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(1) review the document, conduct the inspection, and |
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take all other related actions in accordance with all applicable |
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provisions of law as if the person is the regulatory authority; and |
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(2) not later than the 15th day after the date the |
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person completes the review or inspection, provide notice to the |
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regulatory authority of the results of the review or inspection. |
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(c) A person who reviews a development document or conducts |
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a development inspection under Section 247.002 shall maintain |
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commercially reasonable professional liability insurance with a |
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minimum annual limit of $500,000 per occurrence and $1 million in |
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the aggregate and that names the regulatory authority and the |
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applicant as additional insureds. The person shall provide a |
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certificate of the required insurance to the regulatory authority |
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before the person may commence a review or inspection under Section |
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247.002. |
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SECTION 4. Chapter 247, Local Government Code, as added by |
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Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular |
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Session, 2023, is amended by adding Section 247.0043 to read as |
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follows: |
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Sec. 247.0043. REGULATORY AUTHORITY LIABILITY. A |
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regulatory authority is not liable for a review or inspection |
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conducted by a person under Section 247.002. |
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SECTION 5. Chapter 247, Local Government Code, as added by |
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Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular |
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Session, 2023, is amended by adding Section 247.0047 to read as |
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follows: |
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Sec. 247.0047. REQUIRED PROVISION OF NECESSARY |
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INFORMATION; RELIANCE. (a) A regulatory authority shall: |
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(1) post on the regulatory authority's Internet |
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website each law, rule, standard, fee schedule, and other document |
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necessary for a person to review a development document or conduct a |
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development inspection under Section 247.002; or |
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(2) provide an electronic copy of the information |
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described by Subdivision (1) on request not later than the second |
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business day after the date the request is made. |
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(b) A person who reviews a development document or conducts |
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a development inspection under Section 247.002 may rely on the |
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accuracy and completeness of the information provided by a |
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regulatory authority under Subsection (a). |
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SECTION 6. Section 247.005, Local Government Code, as added |
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by Chapter 654 (H.B. 14), Acts of the 88th Legislature, Regular |
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Session, 2023, is amended to read as follows: |
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Sec. 247.005. WAIVER AND ADDITIONAL APPROVAL PROHIBITED. A |
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regulatory authority may not request or require an applicant to: |
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(1) waive: |
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(A) the applicant's right to obtain third-party |
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review under Section 247.002; or |
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(B) a deadline or other procedure under this |
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chapter; or |
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(2) obtain the regulatory authority's approval for a |
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development document or development inspection that a third-party |
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reviewer has approved. |
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SECTION 7. (a) Except as provided by Subsection (b) of this |
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section, Chapter 247, Local Government Code, as amended by this |
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Act, applies only to a development document or a request for a |
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development inspection, as those terms are defined by Section |
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247.001 of that chapter, that was not final on the effective date of |
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this Act. A development document or request for a development |
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inspection that was final before the effective date of this Act is |
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governed by the law applicable to the document or inspection |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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(b) Section 247.004(c), Local Government Code, as added by |
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this Act, applies only to the review of a development document or |
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development inspection, as those terms are defined by Section |
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247.001, Local Government Code, that begins on or after September |
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1, 2025. |
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SECTION 8. 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, 2025. |