80R11387 MSE-D

By: Howard of Fort Bend H.B. No. 4106

A BILL TO BE ENTITLED

AN ACT

relating to the adoption of a residential building code in certain counties; providing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 233, Local Government Code, is amended by adding Subchapter E to read as follows: SUBCHAPTER E. BUILDING CODES IN CERTAIN COUNTIES

Sec. 233.121. DEFINITIONS. In this subchapter:

(1) "International Residential Code" means the International Residential Code for One- and Two-Family Dwellings promulgated by the International Code Council.

(2) "Residential" means having the character of a detached one-family or two-family dwelling or a multiple single-family dwelling that is not more than three stories high with separate means of egress, including the accessory structures of the dwelling, and that does not have the character of a facility used for the accommodation of transient guests or a structure in which medical, rehabilitative, or assisted living services are provided in connection with the occupancy of the structure.

(3) "Residential building developer" means a person who constructs or supervises or manages the construction of at least five residential structures in a 12-month period for compensation, including compensation from the sale, rental, or lease of the structures. The term does not include a person who is building a residence for the person's own personal dwelling or for occupancy by a member of the person's family.

Sec. 233.122. APPLICABILITY. This subchapter applies only to a county that:

(1) has a population of more than 350,000; and

(2) is contiguous to a county with a population of more than 3.3 million.

Sec. 233.123. INTERNATIONAL RESIDENTIAL CODE. (a) To protect the public health, safety, and welfare, the International Residential Code, as it existed on May 1, 2006, is adopted as the county residential building code.

(b) The International Residential Code applies to the construction, alteration, remodeling, enlargement, and repair of residential structures in the unincorporated area of a county.

(c) The commissioners court of the county may establish procedures:

(1) to adopt local amendments to the International Residential Code;

(2) to reject later additions made to the International Residential Code; and

(3) for the administration and enforcement of the International Residential Code.

(d) The commissioners court may review, consider, or reject amendments made by the International Code Council to the International Residential Code after May 1, 2006.

Sec. 233.124. BUILDING PERMIT; APPLICATION. (a) A residential building developer may not construct or substantially improve a building in an unincorporated area of the county unless the person obtains a building permit issued under this subchapter.

(b) A person may apply for a building permit by providing to a person designated by the commissioners court to receive permit applications and fees under Section 233.127:

(1) a plan of the proposed building containing information required by the commissioners court; and

(2) an application fee in an amount set by the commissioners court.

(c) Not later than the 30th day after the date a person files an application, the commissioners court shall:

(1) issue the permit if the plan complies with the county residential building code adopted under Section 233.123; or

(2) deny the permit if the plan does not comply with the county residential building code adopted under Section 233.123.

(d) If the person designated by the commissioners court receives an application and fee and the commissioners court does not issue the permit or deny the application on or before the 30th day after the date the application and fee were received, the construction or substantial improvement of the building that is the subject of the application is considered approved for the purposes of this subchapter.

Sec. 233.125. INSPECTION. (a) The county shall inspect a building subject to this subchapter to determine whether the building complies with the county residential building code.

(b) The commissioners court shall designate one or more persons to serve as building inspectors. A building inspector may be a person under contract with the county to perform the inspection.

(c) A building inspector designated by the commissioners court may enter the building or building site and perform an inspection at a reasonable time:

(1) at any stage of the building's construction or substantial improvement; and

(2) after completion of the building.

(d) On or before the date on which construction or substantial improvement of a building subject to this subchapter is completed, the owner of the building shall request in writing that the county inspect the building for compliance with the county residential building code.

(e) A building inspector designated by the commissioners court shall begin an inspection of a building not later than the fifth business day after the date the county receives a written inspection request. If an inspection is properly requested and the county does not begin the inspection within the time required by this subsection, the building that is the subject of the request is considered approved for the purposes of this subchapter.

(f) A building inspector designated by the commissioners court shall issue a final certificate of occupancy to the owner of the building inspected under this section if the inspector determines, after an inspection of the completed building, that the building complies with the county residential building code.

(g) If the building inspector designated by the commissioners court determines, after an inspection of the completed building, that the building does not comply with the county residential building code:

(1) the county shall deny the certificate of occupancy; and

(2) the building may not be occupied.

(h) The commissioners court may adopt procedures for the submission of written requests for inspection.

Sec. 233.126. FEES. (a) The commissioners court may develop a fee schedule based on building type and may impose a reasonable fee for:

(1) an inspection;

(2) the issuance of a building permit; and

(3) the issuance of a final certificate of occupancy.

(b) A fee under this section must be set in an amount necessary to cover the cost of administering and enforcing the county residential building code. The fee for an inspection under this subchapter must reflect the approximate cost of the actual inspection, materials, and administrative overhead.

(c) A county shall adopt procedures to ensure that all fees imposed under this subchapter are:

(1) collected and accurately accounted for audit purposes; and

(2) used only for the administration and enforcement of the county residential building code.

Sec. 233.127. AUTHORITY TO CONTRACT WITH THIRD PARTY. (a) The commissioners court shall contract with a person to administer and enforce the county residential building code.

(b) In contracting with a third party under Subsection (a), the commissioners court shall:

(1) set requirements for the demonstration of professional qualification to administer and enforce the county residential building code through inspections; and

(2) adopt any other procedures necessary to ensure the selection of qualified personnel for the purpose of administering and enforcing the county residential building code.

(c) The commissioners court may deny a building permit or certificate of occupancy if a residential building developer does not comply with any procedures approved by the commissioners court for the administration and enforcement of the county residential building code by a third party chosen under this section.

(d) This section does not limit or otherwise interfere with a county's ability to contract with a third party for the performance of services that a county is authorized to undertake on its own behalf under another law.

Sec. 233.128. ENFORCEMENT OF MUNICIPAL BUILDING CODE. (a) The commissioners court may contract with a municipality to administer and enforce that municipality's municipal building code in the municipality's extraterritorial jurisdiction if:

(1) the residential structure to be built by the residential building developer will be located in the county and the extraterritorial jurisdiction of the municipality; and

(2) the municipal building code meets or exceeds the minimum requirements of the county residential building code adopted under this subchapter.

(b) If the commissioners court acts under this section, the commissioners court shall contract with a person for the administration and enforcement of the municipal building code.

Sec. 233.129. ENFORCEMENT OF COUNTY RESIDENTIAL BUILDING CODE IN EXTRATERRITORIAL JURISDICTION. If a residential building developer is building a residential structure in the extraterritorial jurisdiction of a municipality and the municipality does not have a municipal building code or does not have procedures in place for the administration and enforcement of its building code, the commissioners court may contract with a person to enforce the county residential building code against the residential building developer.

Sec. 233.130. DENIAL OF PERMIT. (a) A residential building developer whose building permit application is denied may not begin construction of a residential structure until the developer receives a building permit for that structure.

(b) A residential building developer may resubmit an application for a building permit after attempting to cure any defects from a previously denied application.

Sec. 233.131. INJUNCTION; CIVIL PENALTY. (a) The attorney representing the county in district court may institute a civil suit against a residential building developer who violates or threatens to violate this subchapter or an order issued or a rule adopted under this subchapter for:

(1) a permanent or temporary injunction, a temporary restraining order, or another appropriate remedy; or

(2) the assessment and recovery of a civil penalty as provided by Subsection (b).

(b) A residential building developer who violates this subchapter is liable to the county for a civil penalty in an amount not to exceed:

(1) $500 for selling a residential structure before receiving a certificate of occupancy; or

(2) $50 for any other violation of this subchapter or an order issued or a rule adopted under this subchapter.

(c) Each day that a violation occurs or continues constitutes a separate violation for purposes of imposing a civil penalty.

(d) The attorney representing the county in district court may recover reasonable expenses incurred in obtaining injunctive relief or a civil penalty under this section, including investigation and court costs, reasonable attorney's fees, witness fees, and other expenses.

(e) A civil penalty and reasonable expenses recovered in an action brought under this section shall be deposited in a special fund in the county treasury and may be used only for the administration and enforcement of this subchapter.

SECTION 2. Section 262.024(a), Local Government Code, is amended to read as follows:

(a) A contract for the purchase of any of the following items is exempt from the requirement established by Section 262.023 if the commissioners court by order grants the exemption:

(1) an item that must be purchased in a case of public calamity if it is necessary to make the purchase promptly to relieve the necessity of the citizens or to preserve the property of the county;

(2) an item necessary to preserve or protect the public health or safety of the residents of the county;

(3) an item necessary because of unforeseen damage to public property;

(4) a personal or professional service;

(5) any individual work performed and paid for by the day, as the work progresses, provided that no individual is compensated under this subsection for more than 20 working days in any three month period;

(6) any land or right-of-way;

(7) an item that can be obtained from only one source, including:

(A) items for which competition is precluded because of the existence of patents, copyrights, secret processes, or monopolies;

(B) films, manuscripts, or books;

(C) electric power, gas, water, and other utility services; and

(D) captive replacement parts or components for equipment;

(8) an item of food;

(9) personal property sold:

(A) at an auction by a state licensed auctioneer;

(B) at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business & Commerce Code; or

(C) by a political subdivision of this state, a state agency of this state, or an entity of the federal government; or

(10) any work performed under a contract for:

(A) community and economic development made by a county under Section 381.004; or

(B) the administration and enforcement of a county residential building code adopted for a county under Subchapter E, Chapter 233.

SECTION 3. This Act takes effect September 1, 2007.