HB4753

Regular Session

Relating to the municipal issuance of a document verifying that a certificate of occupancy has been issued for certain buildings.

LowStandard timeline

Low Cost

Effective:2025-06-20

Enforcing Agencies

Municipal Building Departments • Municipal Code Enforcement Divisions

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025
Compliance Deadline: Immediate utilization authorized. Facilities teams should switch to this protocol immediately for any missing documentation.
Agency Rulemaking: No state-level rulemaking. Municipal building departments must create the new "Verification Document" forms immediately, though expect a 30-90 day administrative lag where cities may lack a standardized template.

Immediate Action Plan

Audit: Conduct an immediate audit of all Texas physical locations to identify missing Certificates of Occupancy.
Halt Applications: Withdraw any pending applications for *new* COs that were filed solely to replace lost paperwork to avoid triggering inspections.
Template Letter: Create a standard request letter for your facilities team citing Texas Local Government Code Sec. 214.909 to force compliance from uninformed municipal clerks.
Insurance Update: Notify risk management that Verification Documents are now valid proof of occupancy for property insurance renewals.

Operational Changes Required

Contracts

Commercial Leases: Update lease templates to define "Certificate of Occupancy" to include "or a statutory Verification Document issued under Texas Local Government Code Sec. 214.909."
M&A/Asset Purchase Agreements: Amend closing checklists. If a seller cannot produce an original CO, a Verification Document is now a sufficient statutory cure to close the transaction without delaying for municipal inspections.

Hiring/Training

Facilities Management: Train staff to stop submitting applications for "new" COs when an original is lost. Doing so voluntarily exposes the facility to current code standards.
Code Enforcement Interaction: Instruct on-site managers that if cited for failure to display a CO, they must present the Verification Document and cite Sec. 214.909(b), which mandates its acceptance.

Reporting & Record-Keeping

Document Retention: Treat the Verification Document as a permanent legal record equivalent to the original CO.
Audit Defense: File copies of the Verification Document with your legal department to satisfy insurance carrier audits and municipal license renewals.

Fees & Costs

Cost Avoidance: Eliminates capital expenditures previously required to bring "grandfathered" buildings up to current code during a CO re-application process.
New Fees: Expect municipalities to establish a nominal administrative fee for issuing the Verification Document.

Strategic Ambiguities & Considerations

"Record of Issuance": The municipality is only compelled to issue a verification if they possess a record of the original CO. If the city’s own archives are incomplete or lost, this statute provides no relief, and the city may legally force a new CO application.
Format Discretion: The statute does not define the physical format of the Verification Document. It may be a formal certificate or a simple letter on city letterhead. Businesses must accept whatever format the city provides, provided it verifies the original issuance.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCity Government City Government--general

Official Analysis

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BILL ANALYSIS

C.S.H.B. 4753

By: Gates

Land & Resource Management

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that during the organizational meeting of the House Committee on Land & Resource Management, a situation was brought to light wherein a municipality required a property owner who had lost an original certificate of occupancy to go through the application process for another certificate of occupancy, including the payment of the application fees, even though the municipality had a record of the original certificate's issuance. C.S.H.B. 4753 seeks to address this issue by providing for a document verifying that a certificate of occupancy was issued to serve as a replacement for an original certificate of occupancy.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4753 amends the Local Government Code to require a municipality to issue a document to the owner of a building verifying that the municipality has issued an original certificate of occupancy for the building if the owner requests the document and the municipality has a record of the original certificate's issuance. The bill prohibits a municipality from adopting or enforcing an ordinance, regulation, or other measure that requires a building owner issued such a document for the building to obtain or display an original certificate of occupancy for the building. The bill requires a municipality to allow the owner of a building to display a document verifying issuance of an original certificate of occupancy in lieu of that original certificate.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

C.S.H.B. 4753 differs from the introduced in minor or nonsubstantive ways by conforming to certain bill drafting conventions.

Bill Text(with markup)

H.B. No. 4753

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the municipal issuance of a document verifying that a
	certificate of occupancy has been issued for certain 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. DOCUMENT VERIFYING CERTIFICATE OF OCCUPANCY.
	(a) A municipality shall issue a document to the owner of a building
	verifying that the municipality has issued an original certificate
	of occupancy for the building if:
	(1) the owner requests the document; and
	(2) the municipality has a record of issuing the
	original certificate of occupancy for the building.
	(b) A municipality may not adopt or enforce an ordinance,
	regulation, or other measure that requires the owner of a building
	issued a document described by Subsection (a) for the building to
	obtain or display the original certificate of occupancy for the
	building.
	(c) A municipality must allow the owner of a building to
	display a document described by Subsection (a) issued for the
	building in lieu of the building's original certificate of
	occupancy.
	SECTION 2. 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.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 15, 2025

TO:	Honorable Gary Gates, Chair, House Committee on Land & Resource Management

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB4753 by Gates (Relating to regulation by a municipality of a certificate of occupancy.), As Introduced

No fiscal implication to the State is anticipated.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

LBB Staff:

JMc, SZ, BC, CWi

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Frequently Asked Questions

Common questions about HB4753

What does Texas HB4753 do?

HB 4753 prohibits municipalities from forcing business owners to apply for a new Certificate of Occupancy (CO) solely because the original document is lost or damaged. Municipalities must now issue a "Verification Document" based on existing records, which satisfies all legal requirements for posting and proof of occupancy. This prevents the triggering of costly code upgrades and inspections previously required when re-applying for a CO on existing assets.

Who authored HB4753?

HB4753 was authored by Texas Representative Gary Gates during the Regular Session.

When was HB4753 signed into law?

HB4753 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB4753?

HB4753 is enforced by Municipal Building Departments and Municipal Code Enforcement Divisions.

How urgent is compliance with HB4753?

The compliance urgency for HB4753 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB4753?

The cost impact of HB4753 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB4753 address?

HB4753 addresses topics including city government and city government--general.

Legislative data provided by LegiScanLast updated: November 25, 2025

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