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Texas Permit Law Gives Broadnax New Problems

permit
Approved building permit concept with approved residential building project. | Image by Francesco Scatena/Shutterstock

A new state law designed to improve building permit times in Texas has some members of the Dallas City Council worried about possible unintended consequences.

HB 14, authored by Rep. Cody Harris (R-Palestine) and enacted into law on September 1, aims to reduce permit backlogs across the state by allowing builders to hire third-party reviewers if development officials fail to approve or deny residential or commercial building permits within 45 days or 15 days after a prescribed deadline.

However, local officials Council Member Chad West (District 1) and Mayor Pro Tem Tennell Atkins (District 8) said they believe the language of the law grants too much authority to third-party reviewers who allegedly have no way to be held accountable for meeting local standards.

“It almost sets it up for failure the way it’s written,” said West, according to Fox 4 KDFW.

He claimed that the law encourages the City to avoid the third-party process by allowing officials to deny a permit instead of allowing it to hit the 45-day deadline.

“It’s just not well-thought-out,” he said, noting how local development officials lacked an existing method to vet third-party reviewers.

As previously reported by The Dallas Express, permit backlogs are a familiar and periodic issue faced by the development community in Dallas. While the Development Services Department under City Manager T.C. Broadnax has taken steps to improve the permitting process, frequent problems and delays have cost builders.

“Even though I think the intent is a good intent, to try to expedite the process, they’re not giving us any tools and zero guidance in how to do it,” West said, per Fox 4. “There are no qualifications set by the state. So, we’ve got to develop that at the city level, and it’s not done yet.”

Atkins said it is all about making sure the third-party inspector can be held accountable for improper permit approvals or faulty inspections.

“If you have an inspector that goes in and says, ‘these wires are connected adequately, the building’s not going to catch fire and burn down.’ That later happens. That person will be held liable for passing a faulty inspection. So, we’d want someone who’s insured, bonded, and trained to be able to conduct these inspections or approve these permits,” Atkins said, according to Fox4.

Still, the National Association of Home Builders (NAHB) said the new law could result in lower costs for a new single-family home. According to the NAHB, regulations are shown to account for 25% of the final price of a new single-family home.

Rep. Harris claimed HB14 will reduce problematic permit backlogs and help address the state’s worsening housing supply shortage by providing builders with an extra resource to approve development projects like single-family homes or multifamily apartments.

“Every hitch and delay in the development process, from reviews to supply chain to available labor to financing to inspections, adds to the final cost of housing,” Harris told The Dallas Express.

“HB14 will lower housing prices, particularly in Texas’ fast-growing metro areas where developers have struggled to keep pace with demand. I’m proud to author HB 14 and provide a relief valve for developers in this great state,” he claimed.

Council members have not yet provided a timeline for when they plan to have a third-party vetting method in place.

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