HB 23
Background
HB 23 amends the Texas Local Government Code to permit third-party reviews and inspections of development documents, such as subdivision plans and commercial site development. Currently, local regulatory authorities are responsible for reviewing these plans for compliance with local regulations. Under HB 23, however, developers may hire qualified third parties to conduct these reviews instead of relying solely on city staff or agents.
The bill prohibits cities from requiring developers to waive their right to third-party reviews or from imposing additional approvals on documents already vetted by approved third-party reviewers.
HB 23 applies only to development documents and inspection requests not finalized before its enactment, preserving continuity for existing projects. The Act takes effect immediately upon receiving the required legislative approval or on September 1, 2025.
Context to Melissa
Under current city procedures, developers receive comments from the City within ten business days of submitting their development plans. Developers then revise their plans to address the City’s comments and ensure compliance with local regulations. This review process continues until the plans meet all requirements or the developer requests a variance.
HB 23 would allow developers to hire a third-party engineer to review their plans instead of having them reviewed by the City. As amended, the bill would require cities to accept the determinations made by the third-party reviewer, even if the City disagrees with the findings. Developers would be permitted to proceed with construction based on the third party’s rulings.
City officials have expressed concern about potential conflicts of interest in third-party reviews and oppose legislation like HB 23, which they argue undermines local oversight and accountability.
For Your Consideration
Please contact your State Officials and let them know your opinion on if developers should be allowed to hire their own development plan reviewers to replace the City review processes.
Who to contact:
Senator Angela Paxton, District 8
angela.paxton@senate.texas.gov
Capitol Address:
Room 3E.10 Capitol Building
Austin, Texas 78701
Suggested Language(Please consider personalizing this as you choose)Dear Senator Paxton, I am writing to express my concerns and opposition to HB 23 allowing developers to obtain third-party review of property development plans, permits, and similar documents, and the inspection of an improvement related to such a document. While I acknowledge the intention to streamline development reviews and inspections, there are several aspects of the bill that could lead to unintended consequences and weaken regulatory oversight: 1. The bill could inadvertently lead to inconsistent standards within different jurisdictions. This flexibility might result in uneven application of development norms and potentially lower quality inspections. 2. The provision that third-party determinations are binding on the regulatory authority raises accountability concerns. Communities could be unjustly held responsible for the actions of independent third parties, which may lead to loopholes in accountability and enforcement. 3. Developers might strategically select compliant third-party reviewers to circumvent more stringent plan reviews. This selective process could allow for developments that might not meet local standards, affecting community safety and environmental considerations. For these reasons, I urge you to reject the concepts outlined in this bill. A more balanced approach that ensures integrity, accountability, and uniformity of development standards across Texas is essential. It is crucial that we safeguard the interests of all stakeholders involved, including local communities and regulatory bodies. Thank you for considering these points. Sincerely, |