81R19885 JTS-D
 
  By: Marquez H.B. No. 2833
 
  Substitute the following for H.B. No. 2833:
 
  By:  Castro C.S.H.B. No. 2833
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing certain counties to adopt a building code
  in their unincorporated areas; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 233, Local Government Code, is amended
  by adding Subchapter F to read as follows:
  SUBCHAPTER F. RESIDENTIAL BUILDING CODES IN CERTAIN COUNTIES
         Sec. 233.151.  DEFINITION. In this subchapter, "new
  residential construction" includes:
               (1)  residential construction on a vacant lot; and
               (2)  construction of an addition to an existing
  residence, if the addition will increase the square footage or
  value of the existing residential building by more than 50 percent.
         Sec. 233.152.  APPLICABILITY. This subchapter applies only
  to:
               (1)  a county that:
                     (A)  includes territory located within 50 miles of
  an international border;
                     (B)  has a population of 700,000 or more;
                     (C)  contains a municipality with a population of
  550,000 or more; and
                     (D)  contains one or more colonias or other
  developments composed of substandard housing; and
               (2)  a county whose commissioners court adopts a
  resolution stating that the county expects population expansion as
  a result of the recommendations of the federal Defense Base Closure
  and Realignment Commission.
         Sec. 233.153.  REGULATORY AUTHORITY. (a) The commissioners
  court of a county may adopt a building code applicable to new
  residential construction in the unincorporated area of the county.
         (b)  A building code adopted under this subchapter applies
  only to new residential construction that begins after September 1,
  2009.
         (c)  If a municipality located within a county to which this
  subchapter applies has adopted a building code in the
  municipality's extraterritorial jurisdiction, the building code
  adopted by the municipality controls and a building code adopted by
  the county has no effect in the municipality's extraterritorial
  jurisdiction.
         (d)  This subchapter may not be construed to:
               (1)  require prior approval by the county before
  beginning new residential construction;
               (2)  authorize the commissioners court of a county to
  adopt or enforce zoning regulations; or
               (3)  affect the application of the provisions of
  Subchapter B, Chapter 232, to land development.
         (e)  In the event of a conflict between this subchapter and
  Subchapter B, Chapter 232, the provisions of Subchapter B, Chapter
  232, control.
         Sec. 233.154.  BUILDING CODE REQUIREMENTS. (a) A building
  code adopted under Section 233.153 may contain only the same
  requirements as the statutory warranty and building and performance
  standards that apply to residential construction under Chapter 430,
  Property Code, and any rules governing those standards adopted by
  the Texas Residential Construction Commission under Title 16,
  Property Code.
         (b)  A building code adopted under Section 233.153 shall
  require a person who builds new residential construction to:
               (1)  have the new residential construction inspected by
  a third-party inspector approved by the Texas Residential
  Construction Commission at the time and in the manner prescribed by
  rules adopted by the commission;
               (2)  before commencing new residential construction,
  provide notice to the county of:
                     (A)  the location of the new residential
  construction on a form prescribed by the county;
                     (B)  the date by which the new residential
  construction will be commenced; and
                     (C)  the name of the third-party inspector who
  will inspect the new residential construction as required by
  Subdivision (1); and
               (3)  submit not later than the 10th day after the date
  of each inspection required by Subdivision (1) a written report
  prepared by the third-party inspector of the inspection and
  describing the results of the inspection to:
                     (A)  the county employee or department or agency
  of the county designated by the commissioners court of the county;
  and
                     (B)  the person who purchased the new residential
  construction from the builder, if applicable.
         Sec. 233.155.  BUILDING CODE ENFORCEMENT. (a) To enforce
  compliance with a building code adopted under Section 233.153, the
  county may take any or all of the following actions:
               (1)  exercise the enforcement authority under Sections
  233.157 and 233.158;
               (2)  refer a builder registered under Title 16,
  Property Code, who violates a provision of that title, or any rule
  adopted under that title, to the Texas Residential Construction
  Commission for disciplinary action; and
               (3)  refer a third-party inspector approved by the
  Texas Residential Construction Commission under Title 16, Property
  Code, who violates a provision of that title, or any rule adopted
  under that title, to that commission for disciplinary action.
         (b)  Notwithstanding any other law, including Section
  430.005, Property Code, the Texas Residential Construction
  Commission may take any action with regard to a builder or
  third-party inspector that it is authorized to take by any other
  law, including taking disciplinary action under Chapter 418,
  Property Code, or imposing an administrative penalty under Chapter
  419, Property Code, with regard to new residential construction in
  a county that has adopted a building code authorized under this
  subchapter.
         (c)  A county may not charge a fee to a person regulated by a
  building code adopted under this subchapter to defray the costs of
  enforcing the code.
         Sec. 233.156.  EXISTING AUTHORITY UNAFFECTED. The authority
  granted by this subchapter does not affect the authority of a
  commissioners court to adopt an order under other law.
         Sec. 233.157.  INJUNCTION. The county, in a suit brought by
  the appropriate attorney representing the county in the district
  court, is entitled to appropriate injunctive relief to prevent the
  violation or threatened violation of a building code adopted under
  this subchapter from continuing or occurring.
         Sec. 233.158.  PENALTY; EXCEPTION. A person commits an
  offense if the person violates a restriction or prohibition imposed
  by a building code adopted under this subchapter. An offense under
  this section is a Class C misdemeanor.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.