SLC C.S.H.B. 3376 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
C.S.H.B. 3376
By: Hamric
5-2-97
Committee Report (Substituted)



BACKGROUND 

Currently, Harris County is required to apply for and obtain building
permits from the City of Houston for all work performed by  the County
within the City.  This puts undo hardships upon the County when building
within the city limits of Houston.  Often times the County must pull an
employee from a job to drive downtown to get the required permit, which on
occasion means a complete shutdown of a project or a work crew being
forced into inactivity while waiting for the individual to return.  In
addition, it sometimes takes weeks to get the particular plans approved by
the City, even though Harris County Engineering has stated that the plans
meet city specifications. These are all unnecessary delays that cost the
taxpayers of Harris County thousands of dollars every year.  

It is also important to note that the State of Texas and the United States
of America are specifically exempt as a matter of law from compliance with
the City of Houston Building Code and the requirements of a building
permit for all construction projects.  As political subdivisions of the
State of Texas, counties should also be exempt from such requirements.  

PURPOSE

CSHB 3376 allow large counties to build or renovate county-owned buildings
or facilities within the city limits of a municipality without being
required to receive a building permit from the municipality.  This would
apply only when the work performed is done by the county's personnel or by
county personnel acting as general contractor.  This bill does not exempt
a county from complying with a municipality's building code standards when
performing construction or renovation work. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 212, Subchapter Z, Local Government Code, by
adding Section 212.903, as follows: 

 Sec. 212.903. CONSTRUCTION AND RENOVATION WORK ON COUNTYOWNED BUILDING OR
FACILITIES IN CERTAIN COUNTIES. (a) This section applies only to counties
with a population of 2.8 million or more. 
 
 (b) Provides that a municipality is not authorized to require a county to
either notify  a municipality or obtain a building permit for any new
construction or renovation work performed within the limits of the
municipality.  This applies only to county-owned buildings or facilities
and only to work done by that county's personnel or by county personnel
acting as general contractor.  Any such construction or renovation work
must be inspected by a professional engineer or architect.  A municipality
may require a building permit if construction or renovation work performed
on county-owned buildings or facilities is to be done by private general
contractors. 
  (c) Counties choosing to do their own work on their own buildings or
facilities under this section are not exempt from complying with the
municipality's building code standards. 
 
SECTION 2. Effective Date.  September 1, 1997.

SECTION 3. Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

HB 3376, as originally filed, was not drafted by the Legislative Council.
The committee substitute to HB 3376 is a Legislative Council draft and is
identical to the original bill.