HB1228 - Relating to municipal and county permitting requirements to conduct certain repairs on residential buildings.

  89R21381 DRS-D     By: Gates H.B. No. 1228     Substitute the following for H.B. No. 1228:     By:  Gates C.S.H.B. No. 1228       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 214.909 to read as follows:           Sec.   214.909.     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;                 (2)     the repairs are not new construction or   substantial improvements, as those terms are defined by 44 C.F.R.   Section 59.1; and                 (3)     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:                 (1)     prohibit a municipality from conducting a code   inspection of a residential building for which repairs have been   made under this section to ensure compliance with those codes; or                 (2)     exempt an owner from compliance with the   requirements of Subchapter I, Chapter 16, Water Code, or other   health and safety requirements under state or federal law.           (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;                 (2)     the repairs are not new construction or   substantial improvements, as those terms are defined by 44 C.F.R.   Section 59.1; and                 (3)     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:                 (1)     prohibit a county from conducting a code   inspection of a residential building for which repairs have been   made under this section to ensure compliance with those codes; or                 (2)     exempt an owner from compliance with the   requirements of Subchapter I, Chapter 16, Water Code, or other   health and safety requirements under state or federal law.           (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, 2025.