BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 443

                                                                                                                                          By: Staples

                                                                                                                        Business & Commerce

                                                                                                                                            5/26/2005

                                                                                                                                              Enrolled

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

S.B. 443 corrects unintended consequences from changes made to Section 1202.003, Occupations Code by S.B. 279, 78th Legislature, Regular Session.  The original intent was to establish a state inspection process for buildings which could be transported from one municipality to another without requiring inspection from a municipality with different building codes.  However, when the definition of "industrialized buildings" changed, it had the effect of requiring every industrialized building to be built to state specifications and requiring a state inspection.  S.B. 443 meets the original intent of the retail industry, which first requested the changes in the Industrialized Housing and Building Code, without placing undue burden on the industrialized building manufacturers and adding costs to consumers.  Further, S.B. 443 prevents the unnecessary expenditure of state dollars in inspecting private buildings with minimal public exposure. 

 

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 Section 1202.001(2), Occupations Code, to define "construction site building," rather than "construction site office building."

 

SECTION 2.  Amends Section 1202.003(d), Occupations Code, to specify which structures are not included in the classification of an industrialized building.

 

SECTION 3.  Amends Section 1202.203, Occupations Code, by amending Subsection (b) and adding Subsection (d), as follows:

 

(b)  Requires an approved third-party inspector to perform on-site inspections of industrialized housing, rather than housing and buildings, to be located outside the municipality.

 

(d)  Requires an approved third-party inspector, if required by Texas Commission of Licensing and Regulation rule, to perform on-site inspections of industrialized buildings to be located outside the municipality. 

 

SECTION 4.  Amends Section 1202.204(b), Occupations Code, to make a conforming change.

 

SECTION 5.  Repealer:  Section 1202.003(c) (regarding structures not included in the definition of industrialized housing), Occupations Code. 

 

SECTION 6.  Provides that the changes in law made by this Act apply to any building or structure at a commercial site regardless of the date of installation of that building or structure. 

 

SECTION 7.  Effective date:  September 1, 2005.