HB2977 - 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.

  89R4396 SCL-D     By: Harris H.B. No. 2977       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.