Capriglione’s ‘Efficiency’ Bill Caps Noneconomic Damages In Injury Suits

The text as introduced · 2,711 words

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.

SECTION 11. Section 214.904, Local Government Code, is

amended by amending Subsections (b) and (d) and striking Subsection

(c) to read as follows:

Sec. 214.904. TIME FOR ISSUANCE OF MUNICIPAL BUILDING

PERMIT. (a) This section applies only to a permit required by a

municipality to erect or improve a building or other structure in

the municipality or its extraterritorial jurisdiction.

(b) Not later than the 30th [ 45th ] day after the date an

application for a permit is submitted, the municipality must:

(1) grant or deny the permit;

[ (2) provide written notice to the applicant stating

the reasons why the municipality has been unable to grant or deny

the permit application; ] or

(2) [ (3) ] reach a written agreement with the applicant

providing for a deadline for granting or denying the permit.

[ (c) For a permit application for which notice is provided

under Subsection (b)(2), the municipality must grant or deny the

permit not later than the 30th day after the date the notice is

received. ]

(c) [ (d) ] If a municipality fails to grant or deny a permit

application in the time required by Subsection (c) or by an

agreement under Subsection (b)(2)[ (3) ], the municipality:

(1) may not collect any permit fees associated with

the application; and

(2) shall refund to the applicant any permit fees

associated with the application that have been collected.

SECTION 12. Section 214.904, Local Government Code, is

amended by amending Subsections (b) and (d) and adding Subsections

(e) and (f) to read as follows:

(b) Not later than the 45th day after the date an

application for a permit is submitted, the municipality must:

(1) grant or deny the permit;

(2) provide written notice to the applicant stating

the reasons why the municipality has been unable to grant or deny

the permit application in the time required by this subsection ; or

(3) for a commercial building permit only, reach a

written agreement with the applicant providing for a deadline for

granting or denying the permit.

(d) If a municipality fails to comply with this section

[ grant or deny a permit application in the time required by

Subsection (c) or by an agreement under Subsection (b)(3) ], the

municipality:

(1) may not collect any permit fees associated with

the application; and

(2) shall refund to the applicant any permit fees

associated with the application that have been collected.

(e) A municipality may not:

(1) deny a permit solely because the municipality is

unable to comply with this section; or

(2) require an applicant to waive the requirements of

this section.

(f) In this section, "commercial" has the meaning assigned

by Section 214.211.

SECTION 13. Section 214.904, Local Government Code, as

amended by Sections 11 and 12 of this Act, applies only to a

municipal building permit application that is submitted on or after

the effective date of this Act. An application submitted before the

effective date of this Act is governed by the law in effect on the

date the application was submitted, and the former law is continued

in effect for that purpose.

SECTION 14. Chapter 41, Civil Practice and Remedies Code,

is amended by adding Section 41.0025 to read as follows:

Sec. 41.0025. LIABILITY LIMIT FOR NONECONOMIC DAMAGES IN

PERSONAL INJURY CLAIMS. (a) In an action on a personal injury

claim, civil liability to a claimant for noneconomic damages,

unless subject to a limitation imposed by other law, may not exceed:

(1) for noneconomic damages awarded as damages for

past and future physical pain and suffering, three times the amount

awarded to the claimant as damages for past and future health care

expenses; and

(2) for noneconomic damages awarded as damages for

past and future mental or emotional pain or anguish:

(A) $1 million if the claim arises from an event

primarily causing emotional injury to the claimant; or

(B) $250,000 if the claim arises from an event

primarily causing bodily injury to the claimant.

(b) For purposes of the limitations provided by Subsection

(a), all persons that may be responsible under a vicarious

liability theory for satisfying a judgment are treated as a single

defendant.

(c) Beginning on January 1, 2027, and continuing on January

1 of each subsequent year, the fixed-amount limitations provided by

Subsection (a) increase by 1.75 percent from the prior year's

amount.

SECTION 15. Section 71.010(a), Civil Practice and Remedies

Code, is amended to read as follows:

(a) Except as provided by Section 71.0105, the [ The ] jury

may award damages in an amount proportionate to the injury

resulting from the death.

SECTION 16. Subchapter A, Chapter 71, Civil Practice and

Remedies Code, is amended by adding Section 71.0105 to read as

follows:

Sec. 71.0105. LIABILITY LIMIT FOR CERTAIN NONECONOMIC

DAMAGES. (a) In an action brought under this subchapter, civil

liability for noneconomic damages, unless subject to a limitation

imposed by other law, may not exceed $1 million for each claimant as

damages for past and future mental or emotional pain or anguish.

(b) For purposes of the limitation provided by Subsection

(a), all persons that may be responsible under a vicarious

liability theory for satisfying a judgment are treated as a single

defendant.

(c) Beginning on January 1, 2027, and continuing on January

1 of each subsequent year, the fixed-amount limitation provided by

Subsection (a) increases by 1.75 percent from the prior year's

amount.

SECTION 17. The changes in law made by this Act are an

exercise of authority under Section 66(c), Article III, Texas

Constitution, and take effect only if this Act receives a vote of

three-fifths of all the members elected to each house, as provided

by Subsection (e) of that section.

SECTION 18. The changes in law made by Sections 14, 15, and

16 of this Act apply only to a cause of action that accrues on or

after the effective date of this Act.

SECTION 19. The heading to Chapter 437A, Health and Safety

Code, is amended to read as follows:

CHAPTER 437A. MOBILE FOOD SERVICE ESTABLISHMENTS OPERATING IN

[ CERTAIN ] COUNTIES WITH POPULATION OF MORE THAN ONE MILLION [ IN

MORE THAN ONE MUNICIPALITY ]

SECTION 20. Section 437A.002, Health and Safety Code, is

amended to read as follows:

Sec. 437A.002. APPLICABILITY. This chapter applies only to

a county[ :

[ (1) ] with a population of more than one [ 2.1 ] million

[ ; and

[ (2) in which is located partly or wholly:

[ (A) an airport operating under Subchapter D,

Chapter 22, Transportation Code; and

[ (B) an airport owned by the principal

municipality in the county that does not offer commercial air

service ].

SECTION 21. The heading to Section 437A.006, Health and

Safety Code, is amended to read as follows:

Sec. 437A.006. INSPECTION [ BY COUNTY ].

SECTION 22. Section 437A.006, Health and Safety Code, is

amended by adding Subsection (d) to read as follows:

(d) A county to which this chapter applies may delegate to a

municipality located wholly or partly in the county the inspection

of a mobile food service establishment operating in the

municipality.

SECTION 23. Chapter 437A, Health and Safety Code, is

amended by adding Sections 437A.0075 and 437A.0077 to read as

follows:

Sec. 437A.0075. PROHIBITED MUNICIPAL PERMIT REQUIREMENTS.

A municipality located wholly or partly in a county to which this

chapter applies may not require a permit or similar authorization,

other than the permit required under Section 437A.003, for a mobile

food service establishment to operate in the municipality.

Sec. 437A.0077. FEE CALCULATION. A county imposing a fee

for a permit issued or renewed under this chapter shall set the fee

in an amount not to exceed the amount necessary to recover the

annual expenditures for:

(1) reviewing and issuing or otherwise acting on

permits;

(2) amending and renewing permits;

(3) inspecting mobile food service establishments,

including a municipality's expenses for inspections delegated

under Section 437A.006; and

(4) otherwise administering this chapter and rules

adopted under this chapter.

SECTION 24. Section 437.0073, Health and Safety Code, is

repealed.

SECTION 25. The changes in law made by Sections 19, 20, 21,

22, 23, and 24 of this Act apply to an ordinance, rule, regulation,

policy, or procedure adopted before, on, or after the effective

date of this Act.

SECTION 26. This act takes effect September 1, 2025.