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.