Bill Text: TX HB14 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Partisan Bill (Republican 16-0)
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB14 Detail]
Download: Texas-2023-HB14-Introduced.html
Bill Title: 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.
Spectrum: Partisan Bill (Republican 16-0)
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB14 Detail]
Download: Texas-2023-HB14-Introduced.html
By: Harris of Anderson | H.B. No. 14 |
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relating to certain approval procedures for property development | ||
review by a political subdivision. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 250, Local Government Code, is amended | ||
by adding Section 250.014 to read as follows: | ||
Sec. 250.014. REVIEW OF DEVELOPMENT DOCUMENT BY A THIRD | ||
PARTY AND RELATED ACTIONS. (a) In this section: | ||
(1) "Development document" includes, without | ||
limitation, a plan, plat, or any other document related to the | ||
development of or improvement to land that must be approved by a | ||
regulatory authority under an applicable law, rule, regulation, | ||
order, or ordinance to authorize a person to initiate, continue, | ||
perform an action related to, or complete the development of or | ||
improvement to land. | ||
(2) "Development inspection" means the inspection of | ||
an improvement to land required to be conducted 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 to be | ||
obtained 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 | ||
and includes a development plat under Subchapter B, Chapter 212. | ||
(6) "Regulatory authority" means the governing body, | ||
or a bureau, department, division, board, commission, or other | ||
agency, of a political subdivision acting in its capacity of | ||
processing or approving a development document or development | ||
permit or conducting a development inspection. | ||
(b) If a regulatory authority does not approve, | ||
conditionally approve, or disapprove a development document or | ||
development permit by the 15th day after the time prescribed by a | ||
provision of this code for the approval, conditional approval, or | ||
disapproval of the document or permit, any required review of the | ||
document or permit may be performed by any 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 as a reviewer by the regulatory | ||
authority in which the land subject to the development document or | ||
development permit is located; | ||
(B) employed as a reviewer by any political | ||
subdivision, if the regulatory authority in which the land subject | ||
to the development document or development permit is located has | ||
approved the person; or | ||
(C) an engineer licensed under Chapter 1001, | ||
Occupations Code. | ||
(c) If a regulatory authority does not conduct a required | ||
development inspection by the 15th day after the time prescribed by | ||
a provision of this code for conducting the inspection, the | ||
required inspection may be conducted by any 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 as a building inspector by the | ||
regulatory authority in which the improvement is located; | ||
(C) employed as a building inspector by any | ||
political subdivision, if the regulatory authority in which the | ||
land or improvement to land is located has approved the person to | ||
perform inspections; or | ||
(D) an engineer licensed under Chapter 1001, | ||
Occupations Code. | ||
(d) A regulatory authority may not collect an additional fee | ||
related to a review performed under Subsection (b) or a development | ||
inspection conducted under Subsection (c). | ||
(e) A person who performs a review or conducts a development | ||
inspection under this section must: | ||
(1) satisfy all applicable regulations; and | ||
(2) not later than the 15th day after the date the | ||
review or inspection is completed, provide notice to the regulatory | ||
authority of the review or inspection. | ||
(f) The regulatory authority may prescribe a reasonable | ||
format for the notice required under Subsection (e). | ||
(g) A regulatory authority may not request or require an | ||
applicant to waive a deadline or other procedure under this | ||
section. | ||
(h) A decision made by a reviewer employed or approved by a | ||
regulatory authority to conditionally approve or disapprove a | ||
development document or development permit under this section may | ||
be appealed by the applicant to the governing body of the regulatory | ||
authority. An appeal must be filed no later than the 15th day after | ||
the date of the reviewer's decision. If the governing body of the | ||
regulatory authority does not, by majority vote, affirm the | ||
reviewer's decision on or before the 60th day after receiving | ||
notice of the appeal, the development document or development | ||
permit that is the subject of the appeal shall be deemed approved. | ||
SECTION 2. Section 250.014, Local Government Code, as | ||
amended by this Act, applies only to a development document that is | ||
submitted on or after the effective date of this Act. A development | ||
document submitted before the effective date of this Act is | ||
governed by the law in effect on the date the development document | ||
was submitted, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 3. This Act takes effect September 1, 2023. |