By Yarbrough                                           H.B. No. 899
       74R782 DRH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of a county to adopt codes for buildings
    1-3  in unincorporated areas.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 235, Local Government Code, is amended to
    1-6  read as follows:
    1-7                CHAPTER 235.  COUNTY CODES <FIRE CODE>
    1-8                        IN UNINCORPORATED AREA
    1-9        Sec. 235.001.  AUTHORITY TO ADOPT AND ENFORCE CODES <FIRE
   1-10  CODE>.  (a)  The commissioners court of a county <with a population
   1-11  of over 250,000> may adopt a building, mechanical, plumbing, gas,
   1-12  electrical, or fire code and rules necessary to administer and
   1-13  enforce a <the fire> code.
   1-14        (b)  The commissioners court, or any municipality in the
   1-15  county, may contract <with one another> for the administration and
   1-16  enforcement of a code and related rules <the fire code>.
   1-17        Sec. 235.002.  APPLICATION AND CONTENT OF <FIRE> CODE.  (a)
   1-18  Except as provided by Subsection (b), a  <The fire> code applies
   1-19  <only> to all <the following> buildings and other structures
   1-20  constructed in an unincorporated area of the county<:>
   1-21              <(1)  a commercial establishment; and>
   1-22              <(2)  a public building>.
   1-23        (b)  A  <The fire> code does not apply to:
   1-24              (1)  a building or structure used exclusively for farm
    2-1  purposes, ranch purposes, or both; or
    2-2              (2)  a building or structure required to conform to a
    2-3  similar code adopted and enforced by a municipality <an industrial
    2-4  facility having a fire brigade that conforms to requirements of the
    2-5  Occupational Health and Safety Administration>.
    2-6        (c)  A  <The fire> code must meet or exceed the minimum
    2-7  requirements of the standard codes published by the Southern
    2-8  Building Code Congress International, Inc., the uniform codes
    2-9  published by the International Conference of Building Officials,
   2-10  the national building codes published by the Building Officials and
   2-11  Code Administrators International, Inc., appropriate national fire
   2-12  codes published by the National Fire Protection Association, or
   2-13  other applicable model building and fire codes, unless the county
   2-14  adopts and enforces<:>
   2-15              <(1)  conform to the Uniform Building Code or to a
   2-16  national fire code adopted by the Southern Building Code Congress,
   2-17  the National Fire Protection Association, or the Building Officials
   2-18  and Code Administrators International; or>
   2-19              <(2)  establish> protective measures that exceed those
   2-20  requirements <the standards of the codes described by Subdivision
   2-21  (1)>.
   2-22        (d)  A building or structure of an industrial facility that
   2-23  is located on a site where design, construction, and fire safety
   2-24  are supervised by appropriate design and qualified inspection
   2-25  professionals and that provides a fire brigade conforming to
   2-26  applicable regulations of the Occupational Safety and Health
   2-27  Administration is exempt from review of plans and inspections if
    3-1  the appropriate design and qualified inspectors certify that the
    3-2  applicable codes and rules have been met.  On request, the
    3-3  industrial facility shall provide appropriate drawings to the
    3-4  county building and fire safety inspectors.  This exemption may be
    3-5  rescinded by the commissioners court for due cause.
    3-6        Sec. 235.003.  Building Permit; Application.  An owner,
    3-7  authorized agent, or contractor  <(a)  A person> may not construct
    3-8  a building or other structure described by Section 235.002(a) in an
    3-9  unincorporated area of the county unless <the person obtains> a
   3-10  building permit application is filed and a building permit is
   3-11  obtained <issued> in accordance with the requirements for issuance
   3-12  of permits prescribed by the applicable codes <this chapter>.
   3-13        <(b)  A person may apply for a building permit by providing
   3-14  to the commissioners court:>
   3-15              <(1)  a plan of the proposed building containing
   3-16  information required by the commissioners court; and>
   3-17              <(2)  an application fee in an amount set by the
   3-18  commissioners court.>
   3-19        <(c)  Within 30 days after the date the commissioners court
   3-20  receives an application and fee in accordance with Subsection (b),
   3-21  the commissioners court shall:>
   3-22              <(1)  issue the permit if the plan complies with the
   3-23  fire code; or>
   3-24              <(2)  deny the permit if the plan does not comply with
   3-25  the fire code.>
   3-26        <(d)  If the commissioners court receives an application and
   3-27  fee in accordance with Subsection (b) and the commissioners court
    4-1  does not issue the permit or deny the application within 30 days
    4-2  after receiving the application and fee, the construction of the
    4-3  building that is the subject of the application is approved for the
    4-4  purposes of this chapter.>
    4-5        Sec. 235.004.  Inspections.  (a)  The county shall inspect a
    4-6  building or structure subject to this chapter to determine
    4-7  compliance <whether the building complies> with all applicable
    4-8  codes and rules adopted by the county <the fire code>.
    4-9        (b)  The commissioners court shall <may> provide <that> a
   4-10  qualified county inspector <employee> or contract with another
   4-11  qualified person or agency to perform all inspections required by
   4-12  the codes <an employee of another governmental entity under
   4-13  intergovernmental contract may perform the inspection>.
   4-14        (c)  <A building inspector may enter and perform the
   4-15  inspection at a reasonable time at any stage of the building's
   4-16  construction and after completion of the building.>
   4-17        <(d)  On or before the date that construction of a building
   4-18  subject to this chapter is completed, the owner of the building
   4-19  shall request in writing that the county inspect the building for
   4-20  compliance with the fire code.>
   4-21        <(e)  The county shall begin the inspection of the building
   4-22  within two days after the date of the receipt of the written
   4-23  inspection request.  If an inspection is properly requested and the
   4-24  county does not begin the inspection within the time permitted by
   4-25  this subsection, the building that is the subject of the request is
   4-26  considered approved for the purposes of this chapter.>
   4-27        <(f)>  The county shall issue a <final> certificate of
    5-1  occupancy <compliance> to the owner of a building or structure
    5-2  inspected as provided by the codes <under this section> if the
    5-3  inspector determines, after an inspection of the completed building
    5-4  or structure, that the building or structure complies with all
    5-5  applicable codes and rules adopted by the county <the fire code>.
    5-6        Sec. 235.005.  FEES.  (a)  The commissioners court may
    5-7  develop a fee schedule based on building or structure type and may
    5-8  set and charge fees for a plan review, code compliance inspection,
    5-9  and change of occupancy inspection and for <an inspection and> the
   5-10  issuance of a building permit and <final> certificate of occupancy
   5-11  as prescribed by the codes <compliance under this chapter>.
   5-12        (b)  The fees may <must> be set in amounts necessary to cover
   5-13  the cost of administering and enforcing all codes and rules <this
   5-14  chapter>.
   5-15        (c)  The county shall deposit fees received under this
   5-16  chapter in a special fund in the county treasury, and money in that
   5-17  fund may be used only for the administration and enforcement of
   5-18  codes and rules and the training of inspection staff <the fire
   5-19  code>.
   5-20        Sec. 235.006.  INJUNCTION.  The appropriate attorney
   5-21  representing the county in the district court may seek injunctive
   5-22  relief to prevent the violation or threatened violation of any
   5-23  applicable code or rule <the fire code>.
   5-24        Sec. 235.007.  CIVIL PENALTY.  (a)  The appropriate attorney
   5-25  representing the county in civil cases may file a civil action in a
   5-26  court of competent jurisdiction to recover from a person who
   5-27  violates any applicable code or rule <the fire code> a civil
    6-1  penalty in an amount not to exceed $1,000 <$200> for each day on
    6-2  which the violation exists.  In determining the amount of the
    6-3  penalty, the court shall consider the seriousness of the violation.
    6-4        (b)  The county shall deposit amounts collected under this
    6-5  section in the fund and for the purposes described by Section
    6-6  235.005(c).
    6-7        Sec. 235.008.  APPLICATION.  (a)  A building, mechanical,
    6-8  plumbing, gas, or electrical code adopted under this chapter
    6-9  applies only to a building or other structure on which construction
   6-10  begins on or after the effective date prescribed by the building,
   6-11  mechanical, plumbing, gas, or electrical code.
   6-12        (b)  A fire code adopted under this chapter applies to a
   6-13  building or other structure on which construction begins on or
   6-14  after the effective date prescribed by the fire code and may be
   6-15  made applicable to a building or structure on which construction
   6-16  begins before that date to the extent that the commissioners court
   6-17  or an appropriate official designated by the commissioners court
   6-18  determines that the application is necessary to prevent a threat to
   6-19  safety or property.
   6-20        (c)  For the purposes of this section, construction is
   6-21  considered to begin on the date that ground is broken for the
   6-22  building or structure, or if ground is not broken, on the date that
   6-23  the first materials are added to the property.
   6-24        (d)  This section does not prohibit a county from requiring a
   6-25  building or structure to be maintained as provided by applicable
   6-26  codes.
   6-27        SECTION 2.  (a)  An enforcement proceeding under Chapter 235,
    7-1  Local Government Code, that is pending immediately before the
    7-2  effective date of this Act is not affected by the amendment of
    7-3  Chapter 235 by this Act.  On or after the effective date of this
    7-4  Act, the proceeding may be continued under Chapter 235 as it
    7-5  existed immediately before the effective date of this Act, and the
    7-6  former law is continued in effect for that purpose.
    7-7        (b)  A violation of a fire code adopted under Chapter 235,
    7-8  Local Government Code, that occurred before the effective date of
    7-9  this Act is not affected by the amendment of Chapter 235 by this
   7-10  Act.  On or after the effective date of this Act, the violation may
   7-11  be made the subject of an enforcement proceeding under Chapter 235
   7-12  as it existed immediately before the effective date of this Act,
   7-13  and the former law is continued in effect for this purpose.  A
   7-14  violation is considered to have occurred before the effective date
   7-15  of this Act only if each element of the violation occurred before
   7-16  that date.
   7-17        SECTION 3.  The importance of this legislation and the
   7-18  crowded condition of the calendars in both houses create an
   7-19  emergency and an imperative public necessity that the
   7-20  constitutional rule requiring bills to be read on three several
   7-21  days in each house be suspended, and this rule is hereby suspended,
   7-22  and that this Act take effect and be in force from and after its
   7-23  passage, and it is so enacted.