SRC-MSY S.B. 395 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 395
78R1239 MXM-DBy: Shapleigh
International Relations and Trade
3/23/2003
As Filed


DIGEST AND PURPOSE 


Current Texas law does not allow the commissioners court of a county to
regulate residential land development in the unincorporated area of the
county through the adoption of codes to promote safety in residential
construction.  As proposed, S.B. 395 authorizes but does not require the
commissioners court of a county that borders Mexico and has a population
of 650,000 or more to adopt certain building codes and standards for
residences constructed in the unincorporated areas of the county. Provides
a penalty for noncompliance, but prohibits a penalty from being assessed
against a lowincome household except in certain circumstances. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 7B, Local Government Code, by adding Chapter 236,
as follows: 

CHAPTER 236.  REGULATION OF LAND DEVELOPMENT IN CERTAIN COUNTIES
SUBCHAPTER A.  GENERAL PROVISIONS

Sec.  236.001.  DEFINITIONS.  Defines "International Residential Code" and
"residential." 

Sec.  236.002.  APPLICABILITY.  Provides that this chapter is applicable
only to a county that has a population of 650,000 or more and includes
territory located within 50 miles of an international border. 

[Reserves Sections 236.003-236.050 for expansion.]

SUBCHAPTER B.  REGULATORY AUTHORITY

Sec.  236.051.  REGULATORY AUTHORITY.  (a)  Authorizes the commissioners
court of the county to regulate, by order, residential land development in
the unincorporated area of the county to prevent the proliferation of
colonias by adopting certain regulations and building codes. 

(b)  Prohibits the commissioners court from regulating, under authority
granted by this section, land development on a tract of land appraised as
agricultural or open space land by the appraisal district. 

(c)  Provides that the authority granted under this section does not
authorize the commissioners court to adopt an order regulating commercial
property that is uninhabitable. 
 
Sec.  236.052.  RESIDENTIAL BUILDING CODE.  (a)  Requires the
commissioners court to take certain actions if the commissioners court
adopts a residential building code. 

(b)  Requires the commissioners court to establish procedures to
administer and enforce the International Residential Code if it is
adopted. 

(c)  Requires the commissioners court to review and consider certain
amendments made by the International Code Council, and authorizes the
commissioners court to adopt such amendments. 

Sec.  236.053.  INSPECTIONS OF RESIDENTIAL STRUCTURES.  Requires an
inspection of a residential structure in the unincorporated area of the
county to be conducted by a person who meets certain qualifications. 

Sec.  236.054.  BUILDING PERMITS.  (a)  Requires a county to issue a
building permit if the person submitting the application for the permit
satisfies certain requirements. 

(b)  Authorizes the county to charge a reasonable building permit fee.

(c)  Requires the county to deposit a fee collected under this section in
an account in the general fund of the country dedicated to the building
permit program.  Authorizes the funds in the account to be used only for
the purpose of administering the building permit program. 

Sec.  236.055.  MUNICIPAL ORDINANCE PREVAILS OVER COUNTY ORDER. Provides
that a municipal ordinance prevails over an order adopted under this
subchapter within the municipality's jurisdiction to the extent of the
conflict, if an order adopted under this subchapter conflicts with an
ordinance of a municipality. 

Sec.  236.056.  EXISTING COUNTY AUTHORITY UNAFFECTED.  Provides that the
authority granted by this subchapter does not affect the authority of the
commissioners court to adopt an order or ordinance under other law. 

[Reserves Sections 236.057-236.100 for expansion.]

SUBCHAPTER C.  ENFORCEMENT

Sec.  236.101.  INJUNCTION.  Entitles the county, in a suit brought by the
county attorney or other prosecuting attorney in the district court, to
appropriate injunctive relief to prevent the violation or threatened
violation of an order adopted under this chapter from continuing or
occuring. 

Sec.  236.102.  PENALTY; EXCEPTION.  (a)  Provides that a person commits
an offense if the person violates a restriction or prohibition imposed by
an order adopted under this chapter. Provides that an offense under this
chapter is a Class C misdemeanor. 

(b)  Prohibits a penalty from being assessed under this section against
the owneroccupant of the residential dwelling for a building standards or
building code violation relating to the dwelling if the Texas Department
of Housing and Community Affairs classifies the household as a low-income
household, unless the county makes available to the owner-occupant housing
rehabilitation assistance in an amount sufficient to cure the violation.
Requires the assistance provided to be a grant or loan and be on payment
terms that do not cause the housing expenses of the owner-occupant to
exceed 30 percent of the owner-occupant's net income. 

 SECTION 2.  Effective date:  upon passage or September 1, 2003.