bill allowing third-party plat review at any time

The text as introduced · 729 words

89R4396 SCL-D

By: Creighton
S.B. No. 2354

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.