bill letting homeowners start emergency repairs without approval

The text as introduced · 611 words

89R3368 DRS-D

By: Gates
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; and

(2) 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 prohibit a

municipality from conducting a code inspection of a residential

building for which repairs have been made under this section.

(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; and

(2) 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 prohibit a county

from conducting a code inspection of a residential building for

which repairs have been made under this section.

(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.