By Lewis of Tarrant                                   H.B. No. 3266
         77R7760 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to authorizing a county to adopt a uniform residential
 1-3     building code; providing a criminal penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 233, Local Government Code, is amended by
 1-6     adding Subchapter E to read as follows:
 1-7                        SUBCHAPTER E. BUILDING CODES
 1-8           Sec. 233.111.  COUNTY SUBJECT TO SUBCHAPTER. This subchapter
 1-9     applies only to a county with a population of 500,000 or more or a
1-10     county adjacent to a county with a population of 500,000 or more.
1-11           Sec. 233.112.  DEFINITIONS.  In this subchapter:
1-12                 (1)  "International Residential Code" means the
1-13     International Residential Code for One- and Two-Family Dwellings
1-14     promulgated by the International Code Council.
1-15                 (2)  "Residential" means having the character of a
1-16     detached one- or two-family dwelling or a multiple single-family
1-17     dwelling not more than three stories high with separate means of
1-18     egress, including the accessory structures of the dwelling.
1-19           Sec. 233.113.  INTERNATIONAL RESIDENTIAL CODE. To protect the
1-20     public health, safety, and welfare, the commissioners court of a
1-21     county by order may:
1-22                 (1)  adopt the International Residential Code; and
1-23                 (2)  provide for the administration and enforcement of
1-24     the International Residential Code in the unincorporated area of
 2-1     the county.
 2-2           Sec. 233.114.  INSPECTION. An inspection of a residential
 2-3     structure in the unincorporated area of the county must be
 2-4     conducted by a person who is an International Code Council
 2-5     certified inspector or a licensed professional engineer and who has
 2-6     any other qualifications established by the county.  The county may
 2-7     employ or contract for the services of an inspector.
 2-8           Sec. 233.115.  MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
 2-9     ORDER.  If the code adopted under this subchapter conflicts with an
2-10     ordinance of a municipality, the municipal ordinance prevails
2-11     within the municipality's jurisdiction to the extent of the
2-12     conflict.
2-13           Sec. 233.116.  INJUNCTION.  The county, in a suit brought by
2-14     the county attorney or other prosecuting attorney representing the
2-15     county in the district court, is entitled to appropriate injunctive
2-16     relief to prevent the violation or threatened violation of the code
2-17     adopted under this subchapter from continuing or occurring.
2-18           Sec. 233.117.  PENALTY.  A person commits an offense if the
2-19     person violates the code adopted under this subchapter.  An offense
2-20     under this section is a Class C misdemeanor.
2-21           SECTION 2.  This Act takes effect immediately if it receives
2-22     a vote of two-thirds of all the members elected to each house, as
2-23     provided by Section 39, Article III, Texas Constitution.  If this
2-24     Act does not receive the vote necessary for immediate effect, this
2-25     Act takes effect September 1, 2001.