HB5193 - Relating to improving efficiency, transparency, and regulatory processes in state and local government.

      By: Capriglione H.B. No. 5193       A BILL TO BE ENTITLED   AN ACT   relating to improving efficiency, transparency, and regulatory   processes in state and local government.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 552.261, Government Code, is amended by   adding Subsection (f) to read as follows:           (f)     A governmental body may not impose a charge under this   subchapter for providing a copy of public information if the   information is a report required to be filed with the governmental   body under Subchapter C or D, Chapter 254, Election Code, unless all   of those reports filed with the governmental body during the   preceding three years are available to the public on the   governmental body's Internet website.          SECTION 2.  Section 552.269, Government Code, is amended by   adding Subsection (c) to read as follows:           (c)     The attorney general may cancel or reduce any charge or   portion of a charge imposed by a governmental body under this   subchapter if the attorney general determines that the governmental   body:                 (1)     has not maintained the requested information in   accordance with standard recordkeeping practices; or                 (2)     failed to comply with this chapter with regard to   the request for public information for which the charge is imposed.          SECTION 3.  The changes in law made by Sections 1 and 2 of   this Act apply only to a request for public information received by   a governmental body or officer for public information on or after   the effective date of this Act.          SECTION 4.  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 5.  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 6.  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 7.  Chapter 247, Local Government Code, as amended   by Sections 4, 5, and 6 of 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 8.  Section 437.001(7), Health and Safety Code, is   amended to read as follows:                (7)  " Honey [ Small honey ] production operation" means a   beekeeper that[ :                      [ (A)     produces less than 2,500 pounds of honey   each year;                            [ (B) ]  sells or distributes [ the ] honey or   honeycomb [ that ] the beekeeper produces [ either personally or with   the help of the beekeeper's immediate family members;                      [ (C)     only sells or distributes honey or   honeycomb:                            [ (i)  that is produced from a hive that is:                                  [ (a)  located in the state; and                                  [ (b)     owned and managed by the   beekeeper;                            [ (ii) ]  that is or from which is extracted   pure honey as defined by Section 131.001, Agriculture Code, [ and ]   that is raw and not blended with any other product or otherwise   adulterated[ ; and                            [ (iii)     directly to consumers at the   beekeeper's home, a farmer's market, a farm stand, or a municipal,   county, or nonprofit fair, festival, or event; and                      [ (D)     delivers the honey or honeycomb that the   beekeeper produces to the consumer at the point of sale or another   location designated by the consumer ].          SECTION 9.  Sections 437.0197, 437.0198, and 437.0199,   Health and Safety Code, are amended to read as follows:          Sec. 437.0197.  EXEMPTION FOR [ SMALL ] HONEY PRODUCTION   OPERATION. A [ small ] honey production operation is not a food   service establishment for purposes of this chapter.          Sec. 437.0198.  REGULATION OF [ SMALL ] HONEY PRODUCTION   OPERATION PROHIBITED. A local government authority, including a   local health department, may not regulate the production of honey   or honeycomb at a [ small ] honey production operation.          Sec. 437.0199.  LABELING REQUIREMENTS FOR [ SMALL ] HONEY   PRODUCTION OPERATION. Honey or honeycomb sold or distributed by a   [ small ] honey production operation must be labeled in accordance   with Subchapter E, Chapter 131, Agriculture Code. [ The label must   include:                [ (1)     the net weight of the honey expressed in both the   avoirdupois and metric systems;                [ (2)  the beekeeper's name and address; and                [ (3)     the statement "Bottled or packaged in a facility   not inspected by the Texas Department of State Health Services." ]          SECTION 10.  Chapter 437, Health and Safety Code, is amended   by adding Section 437.01991 to read as follows:           Sec.   437.01991.     HONEY AS RAW AGRICULTURAL COMMODITY. (a)   In this section, "raw agricultural commodity" has the meaning   assigned by Section 431.002.           (b)     For purposes of this subtitle and other applicable law,   a honey production operation that:                 (1)     extracts honey from honeycomb is harvesting a raw   agricultural commodity; and                 (2)     bottles extracted honey and packages cut honeycomb   is packaging a raw agricultural commodity without necessitating any   additional manufacturing or processing.          SEC [Text truncated for display. Full text available on Congress.gov.]