By:  Staples                                                      S.B. No. 443
	(In the Senate - Filed February 10, 2005; February 15, 2005, 
read first time and referred to Committee on Business and Commerce; 
April 11, 2005, reported favorably by the following vote:  Yeas 9, 
Nays 0; April 11, 2005, sent to printer.)

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. Subdivision (2), Section 1202.001, 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. Subsection (d), Section 1202.003, 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. Subsection (b), Section 1202.204, 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. Subsection (c), Section 1202.003, Occupations Code, is repealed.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.
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