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AN ACT
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relating to third-party review of plats and property development |
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plans, permits, and similar documents, and the inspection of an |
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improvement related to such a document. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 7, Local Government Code, is |
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amended by adding Chapter 247 to read as follows: |
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CHAPTER 247. THIRD-PARTY REVIEW OF DEVELOPMENT DOCUMENTS AND |
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INSPECTION OF IMPROVEMENTS |
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Sec. 247.001. DEFINITIONS. In this chapter: |
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(1) "Development document" means a document, |
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including an application for a plat, plan, or development permit, |
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related to the development of or improvement to land that is |
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required by law, ordinance, rule, or other measure to be approved by |
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a regulatory authority in order for a person to initiate, engage in, |
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or complete the development or improvement. |
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(2) "Development inspection" means the inspection of |
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an improvement to land required by a regulatory authority as part of |
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a project to develop the land or construct or improve an improvement |
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to the land. |
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(3) "Development permit" means a permit required by a |
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regulatory authority to develop land or construct or improve an |
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improvement to land. |
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(4) "Plan" has the meaning assigned by Section |
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212.001. |
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(5) "Plat" has the meaning assigned by Section 212.001 |
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except that the term includes a development plat under Subchapter |
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B, Chapter 212. |
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(6) "Regulatory authority" means the governing body of |
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a political subdivision, or a department, board, commission, or |
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other entity of the political subdivision, responsible for |
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processing or approving a development document or conducting a |
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development inspection. |
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Sec. 247.002. THIRD-PARTY REVIEW OR INSPECTION REQUIRED. |
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(a) If a regulatory authority does not approve, conditionally |
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approve, or disapprove a development document by the 15th day after |
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the date prescribed by a provision of this code for the approval, |
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conditional approval, or disapproval of the document, any required |
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review of the document may be performed by a person: |
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(1) other than: |
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(A) the applicant; or |
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(B) a person whose work is the subject of the |
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application; and |
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(2) who is: |
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(A) employed by the regulatory authority to |
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review development documents; |
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(B) employed by another political subdivision to |
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review development documents, if the regulatory authority has |
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approved the person to review development documents; or |
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(C) an engineer licensed under Chapter 1001, |
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Occupations Code. |
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(b) If a regulatory authority does not conduct a required |
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development inspection by the 15th day after the date prescribed by |
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a provision of this code for conducting the inspection, the |
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inspection may be conducted by a person: |
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(1) other than: |
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(A) the owner of the land or improvement to the |
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land that is the subject of the inspection; or |
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(B) a person whose work is the subject of the |
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inspection; and |
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(2) who is: |
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(A) certified to inspect buildings by the |
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International Code Council; |
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(B) employed by the regulatory authority as a |
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building inspector; |
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(C) employed by another political subdivision as |
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a building inspector, if the regulatory authority has approved the |
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person to perform inspections; or |
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(D) an engineer licensed under Chapter 1001, |
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Occupations Code. |
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Statutes affected: Introduced: () House Committee Report: () Engrossed: () Senate Committee Report: () Enrolled: ()
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