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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing certain counties to adopt a building code |
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in their unincorporated areas; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 233, Local Government Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. RESIDENTIAL BUILDING CODES IN CERTAIN COUNTIES |
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Sec. 233.151. DEFINITION. In this subchapter, "new |
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residential construction" includes: |
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(1) residential construction on a vacant lot; and |
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(2) construction of an addition to an existing |
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residence, if the addition will increase the square footage or |
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value of the existing residential building by more than 50 percent. |
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Sec. 233.152. APPLICABILITY. This subchapter applies only |
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to: |
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(1) a county that: |
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(A) includes territory located within 50 miles of |
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an international border; |
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(B) has a population of 700,000 or more; |
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(C) contains a municipality with a population of |
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550,000 or more; and |
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(D) contains one or more colonias or other |
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developments composed of substandard housing; and |
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(2) a county whose commissioners court adopts a |
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resolution stating that the county expects population expansion as |
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a result of the recommendations of the federal Defense Base Closure |
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and Realignment Commission. |
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Sec. 233.153. REGULATORY AUTHORITY. (a) The commissioners |
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court of a county may adopt a building code applicable to new |
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residential construction in the unincorporated area of the county. |
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(b) A building code adopted under this subchapter applies |
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only to new residential construction that begins after September 1, |
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2009. |
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(c) If a municipality located within a county to which this |
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subchapter applies has adopted a building code in the |
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municipality's extraterritorial jurisdiction, the building code |
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adopted by the municipality controls and a building code adopted by |
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the county has no effect in the municipality's extraterritorial |
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jurisdiction. |
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(d) This subchapter may not be construed to: |
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(1) require prior approval by the county before |
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beginning new residential construction; |
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(2) authorize the commissioners court of a county to |
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adopt or enforce zoning regulations; or |
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(3) affect the application of the provisions of |
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Subchapter B, Chapter 232, to land development. |
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(e) In the event of a conflict between this subchapter and |
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Subchapter B, Chapter 232, the provisions of Subchapter B, Chapter |
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232, control. |
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Sec. 233.154. BUILDING CODE REQUIREMENTS. (a) A building |
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code adopted under Section 233.153 may contain only the same |
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requirements as the statutory warranty and building and performance |
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standards that apply to residential construction under Chapter 430, |
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Property Code, and any rules governing those standards adopted by |
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the Texas Residential Construction Commission under Title 16, |
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Property Code. |
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(b) A building code adopted under Section 233.153 shall |
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require a person who builds new residential construction to: |
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(1) have the new residential construction inspected by |
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a third-party inspector approved by the Texas Residential |
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Construction Commission at the time and in the manner prescribed by |
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rules adopted by the commission; |
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(2) before commencing new residential construction, |
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provide notice to the county of: |
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(A) the location of the new residential |
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construction on a form prescribed by the county; |
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(B) the date by which the new residential |
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construction will be commenced; and |
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(C) the name of the third-party inspector who |
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will inspect the new residential construction as required by |
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Subdivision (1); and |
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(3) submit not later than the 10th day after the date |
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of each inspection required by Subdivision (1) a written report |
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prepared by the third-party inspector of the inspection and |
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describing the results of the inspection to: |
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(A) the county employee or department or agency |
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of the county designated by the commissioners court of the county; |
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and |
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(B) the person who purchased the new residential |
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construction from the builder, if applicable. |
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Sec. 233.155. BUILDING CODE ENFORCEMENT. (a) To enforce |
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compliance with a building code adopted under Section 233.153, the |
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county may take any or all of the following actions: |
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(1) exercise the enforcement authority under Sections |
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233.157 and 233.158; |
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(2) refer a builder registered under Title 16, |
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Property Code, who violates a provision of that title, or any rule |
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adopted under that title, to the Texas Residential Construction |
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Commission for disciplinary action; and |
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(3) refer a third-party inspector approved by the |
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Texas Residential Construction Commission under Title 16, Property |
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Code, who violates a provision of that title, or any rule adopted |
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under that title, to that commission for disciplinary action. |
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(b) Notwithstanding any other law, including Section |
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430.005, Property Code, the Texas Residential Construction |
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Commission may take any action with regard to a builder or |
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third-party inspector that it is authorized to take by any other |
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law, including taking disciplinary action under Chapter 418, |
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Property Code, or imposing an administrative penalty under Chapter |
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419, Property Code, with regard to new residential construction in |
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a county that has adopted a building code authorized under this |
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subchapter. |
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(c) A county may not charge a fee to a person regulated by a |
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building code adopted under this subchapter to defray the costs of |
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enforcing the code. |
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Sec. 233.156. EXISTING AUTHORITY UNAFFECTED. The authority |
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granted by this subchapter does not affect the authority of a |
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commissioners court to adopt an order under other law. |
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Sec. 233.157. INJUNCTION. The county, in a suit brought by |
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the appropriate attorney representing the county in the district |
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court, is entitled to appropriate injunctive relief to prevent the |
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violation or threatened violation of a building code adopted under |
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this subchapter from continuing or occurring. |
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Sec. 233.158. PENALTY; EXCEPTION. A person commits an |
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offense if the person violates a restriction or prohibition imposed |
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by a building code adopted under this subchapter. An offense under |
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this section is a Class C misdemeanor. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |