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
 
 
  By: Harris of Anderson H.B. No. 14
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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