79R346 KEL-D

By:  Staples                                                      S.B. No. 443



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of industrialized buildings.                       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1202.001(2), Occupations Code, is 
amended to read as follows:
		(2)  "Construction site [office] building" means a 
commercial structure that is:
			(A)  not open to the public; and                                             
			(B)  used for any purpose [as an office] at a 
commercial site by a person constructing a building, road, bridge, 
utility, or other infrastructure or improvement to real property.
	SECTION 2.  Section 1202.003(d), Occupations Code, is 
amended to read as follows:
	(d)  An industrialized building includes a permanent 
commercial structure and a commercial structure designed to be 
transported from one commercial site to another commercial site but 
does not include:
		(1)  a commercial structure that exceeds three stories 
or 49 feet in height as measured from the finished grade elevation 
at the building entrance to the peak of the roof; or
		(2)  a commercial building or structure that is:                       
			(A)  installed in a manner other than on a 
permanent foundation; and
			(B)  either:                                                          
				(i)  not open to the public; or                                      
				(ii)  less than 1,500 square feet in total 
area and used other than as a school or a place of religious 
worship.
	SECTION 3.  Section 1202.203, Occupations Code, is amended 
by amending Subsection (b) and adding Subsection (d) to read as 
follows:
	(b)  An approved third-party inspector shall perform on-site 
inspections of industrialized housing [and buildings] to be located 
outside the municipality.
	(d)  If required by commission rule, an approved third-party 
inspector shall perform on-site inspections of industrialized 
buildings to be located outside the municipality.
	SECTION 4.  Section 1202.204(b), Occupations Code, is 
amended to read as follows:
	(b)  The commission by rule shall exempt a construction site 
[office] building from the requirements of this section.
	SECTION 5.  Section 1202.003(c), Occupations Code, is 
repealed.              
	SECTION 6.  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.  This Act takes effect September 1, 2005.