Bill Text: TX HB23 | 2025-2026 | 89th Legislature | Introduced


Bill Title: Relating to the authority of certain persons to obtain third-party review of plats and property development plans, permits, and similar documents, and the inspection of an improvement related to such a document.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-02-27 - Filed [HB23 Detail]

Download: Texas-2025-HB23-Introduced.html
  89R4396 SCL-D
 
  By: Harris H.B. No. 23
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of certain persons to obtain 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.  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.  OPTION FOR THIRD-PARTY REVIEW OR INSPECTION
  [REQUIRED].  (a)  Notwithstanding any other law, an applicant for
  [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 a development [the] document may obtain review of the
  document from [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)  Notwithstanding any other law, an owner of land or an
  improvement to the land that requires a development [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
  obtain the inspection from [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.
         SECTION 2.  Section 247.004(a), 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:
         (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 as if the person is the regulatory authority; 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.
         SECTION 3.  Section 247.005, 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. 247.005.  WAIVER AND ADDITIONAL APPROVAL PROHIBITED.  A
  regulatory authority may not request or require an applicant to:
               (1)  waive:
                     (A)  the applicant's right to obtain third-party
  review under Section 247.002; or
                     (B)  a deadline or other procedure under this
  chapter; or
               (2)  obtain the regulatory authority's approval for a
  development document or development inspection that a third-party
  reviewer has approved.
         SECTION 4.  Chapter 247, Local Government Code, as amended
  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 chapter, that was not final on the effective date of
  this Act.  A development document or request for a development
  inspection that was final before the effective date of this Act is
  governed by the law applicable to the document or inspection
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 5.  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.
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