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89(R) HB 1228 - House Committee Report version - Bill Text
89R21381 DRS-D
By: Gates
H.B. No. 1228
Substitute the following for H.B. No. 1228:
By: Gates
C.S.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;
(2)
the repairs are not new construction or
substantial improvements, as those terms are defined by 44 C.F.R.
Section 59.1; and
(3)
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:
(1)
prohibit a municipality from conducting a code
inspection of a residential building for which repairs have been
made under this section to ensure compliance with those codes; or
(2)
exempt an owner from compliance with the
requirements of Subchapter I, Chapter 16, Water Code, or other
health and safety requirements under state or federal law.
(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;
(2)
the repairs are not new construction or
substantial improvements, as those terms are defined by 44 C.F.R.
Section 59.1; and
(3)
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:
(1)
prohibit a county from conducting a code
inspection of a residential building for which repairs have been
made under this section to ensure compliance with those codes; or
(2)
exempt an owner from compliance with the
requirements of Subchapter I, Chapter 16, Water Code, or other
health and safety requirements under state or federal law.
(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.