Bill Text: TX HB860 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to municipal and county permitting requirements to conduct certain repairs on residential buildings.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-01 - Referred to Land & Resource Management [HB860 Detail]

Download: Texas-2023-HB860-Introduced.html
  88R3868 KBB-D
 
  By: Gates H.B. No. 860
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to municipal and county permitting requirements to conduct
  certain repairs on residential buildings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 214, Local Government
  Code, is amended by adding Section 214.908 to read as follows:
         Sec. 214.908.  EMERGENCY REPAIRS TO RESIDENTIAL BUILDINGS.
  (a)  A municipality shall allow an owner of a damaged residential
  building to immediately begin to conduct repairs to the building
  if:
               (1)  the repairs are necessary to:
                     (A)  protect public safety;
                     (B)  prevent further damage to the building; or
                     (C)  protect the overall structural integrity of
  the building; and
               (2)  the owner applies for an emergency permit as
  provided by Subsection (b).
         (b)  An owner of a residential building may apply for an
  emergency permit to conduct repairs by filing an application not
  later than the third business day after the later of:
               (1)  the date the repairs commence; or
               (2)  the date the municipality is able to accept the
  application.
         (c)  This section may not be construed to prohibit a
  municipality from conducting a code inspection of a residential
  building for which repairs have been made under this section.
         (d)  The governor may not exempt a municipality from this
  section by an executive order issued under Chapter 418, Government
  Code.
         (e)  An owner of a residential building who is prohibited
  from conducting repairs by a municipality in violation of this
  section may bring an action against the municipality for damages
  incurred due to the violation. The owner may recover reasonable
  attorney's fees and litigation costs if the owner prevails in the
  action. Governmental immunity of the municipality to suit and from
  liability is waived to the extent of liability created by this
  subsection.
         SECTION 2.  Subchapter Z, Chapter 233, Local Government
  Code, is amended by adding Section 233.902 to read as follows:
         Sec. 233.902.  EMERGENCY REPAIRS TO RESIDENTIAL BUILDINGS.
  (a)  A county shall allow an owner of a damaged residential building
  to immediately begin to conduct repairs to the building if:
               (1)  the repairs are necessary to:
                     (A)  protect public safety;
                     (B)  prevent further damage to the building; or
                     (C)  protect the overall structural integrity of
  the building; and
               (2)  the owner applies for an emergency permit as
  provided by Subsection (b).
         (b)  An owner of a residential building may apply for an
  emergency permit to conduct repairs by filing an application not
  later than the third business day after the later of:
               (1)  the date the repairs commence; or
               (2)  the date the county is able to accept the
  application.
         (c)  This section may not be construed to prohibit a county
  from conducting a code inspection of a residential building for
  which repairs have been made under this section.
         (d)  The governor may not exempt a county from this section
  by an executive order issued under Chapter 418, Government Code.
         (e)  An owner of a residential building who is prohibited
  from conducting repairs by a county in violation of this section may
  bring an action against the county for damages incurred due to the
  violation. The owner may recover reasonable attorney's fees and
  litigation costs if the owner prevails in the action. Governmental
  immunity of the county to suit and from liability is waived to the
  extent of liability created by this subsection.
         SECTION 3.  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, 2023.
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