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A BILL TO BE ENTITLED
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AN ACT
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relating to third-party review of development documents and |
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inspection of improvements required to be approved by a political |
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subdivision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. THIRD-PARTY REVIEW OR INSPECTION REQUIRED. |
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(a) If a regulatory authority does not approve, conditionally |
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approve, or disapprove a development document, including a |
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development permit, by the 15th day after the date prescribed by a |
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provision of this code for the approval, conditional approval, or |
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disapproval of the document, any required review of the document |
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may 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) If a regulatory authority does not conduct a required |
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development inspection by the 15th day after the date prescribed by |
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a provision of this code for conducting the inspection, the |
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inspection may 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) A political subdivision is not liable for a review or |
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inspection performed by a third party under this chapter. |
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SECTION 2. Section 247.002(a), Local Government Code, as |
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amended by this Act, and Section 247.002(c), Local Government Code, |
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as added by this Act, are intended to clarify rather than change |
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existing law. |
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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, 2025. |