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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county to require a person to obtain |
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a building permit for certain portable structures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 233, Local Government |
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Code, is amended by adding Section 233.902 to read as follows: |
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Sec. 233.902. PORTABLE STRUCTURE FOR PERIODIC SALE OF |
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RETAIL GOODS. (a) Notwithstanding any other law and except as |
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provided by Subsection (b), a county may not require a person to |
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obtain a building permit to construct, improve, or occupy a |
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structure used for the retail sale of goods not more than 60 days in |
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a calendar year if the structure is: |
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(1) portable; and |
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(2) smaller than 500 square feet. |
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(b) This section does not prevent a county from enforcing a |
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fire code adopted by the county or inspecting a structure for a fire |
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or life safety hazard as authorized by other law. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |