SLC S.B. 1394 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
S.B. 1394
By: Lindsay (Hamric)
5-8-97
Committee Report (Unamended)


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.  When building within the city limits of Houston, often
the county must pull an employee from a job to go downtown to retrieve the
required permit.  On occasion, this triggers a complete shutdown of a
project or a work crew being rendered inactive while waiting for the
individual to return.  In addition, it sometimes takes weeks to get the
particular plans approved by the city.  S.B. 1394 would 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 the county's personnel or by county
personnel acting as general contractor. This bill would not exempt a
county from complying with a municipality's building code standards when
performing construction or renovation work. 

PURPOSE

SB 1394 outlines provisions regarding the authority of a municipality to
require a building permit for construction and renovation work on
county-owned buildings and facilities by certain counties. 

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 212Z, Local Government Code, by adding Section
212.903, as follows: 

Sec. 212.903. CONSTRUCTION AND RENOVATION WORK ON COUNTY-OWNED BUILDINGS
OR FACILITIES IN CERTAIN COUNTIES. Provides that this section applies only
to a county with a population of 2.8 million or more.  Provides that a
municipality is not authorized to require a county to notify a
municipality or obtain a building permit for any new construction or
renovation work performed within the limits of the municipality by that
county's personnel or by county personnel acting as general contractor on
county-owned buildings or facilities.  Requires such construction or
renovation work to be inspected by a registered professional engineer or
architect licensed in this state in accordance with any other applicable
law.  Authorizes a municipality to require a building permit for
construction or renovation work performed on county-owned buildings or
facilities by private general contractors.  Provides that this section
does not exempt a county from complying with a municipality's building
code standards when performing construction or renovation work. 

SECTION 2. Effective Date.

SECTION 3. Emergency Clause.