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A BILL TO BE ENTITLED
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AN ACT
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relating to certain building code standards applicable to the |
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unincorporated areas of certain counties; 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 CODE STANDARDS APPLICABLE TO |
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UNINCORPORATED AREAS OF CERTAIN COUNTIES |
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Sec. 233.151. DEFINITIONS. In this subchapter: |
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(1) "Commission" means the Texas Residential |
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Construction Commission. |
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(2) "New residential construction" includes: |
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(A) residential construction on a vacant lot; and |
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(B) 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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in a county: |
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(1) that includes territory located within 50 miles of |
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an international border; |
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(2) that has a population of 650,000 or more; |
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(3) that contains a municipality with a population of |
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550,000 or more; |
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(4) that contains one or more colonias or other |
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developments composed of substandard housing; and |
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(5) whose population is expected to rapidly expand 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. BUILDING CODE STANDARDS APPLICABLE. (a) New |
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residential construction in the unincorporated area of a county to |
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which this subchapter applies shall conform to the standards |
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described by Sections 430.001(d)(2) and (e)(2), Property Code, and |
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any rules adopted by the commission regarding those standards. |
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(b) Standards required under this subchapter apply only to |
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new residential construction that begins after September 1, 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 building code standards |
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under this subchapter have no effect in the municipality's |
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extraterritorial 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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(f) Notwithstanding any other law, including Section |
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430.005, Property Code, the commission may take any action with |
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regard to a builder or fee inspector that it is authorized to take |
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by any other law, including taking disciplinary action under |
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Chapter 418, Property Code, or imposing an administrative penalty |
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under Chapter 419, Property Code, with regard to new residential |
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construction in a county to which this subchapter applies. |
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(g) A person who builds new residential construction shall |
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have the new residential construction inspected by a fee inspector |
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approved by the commission at the time and in the manner prescribed |
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by Subtitle F, Title 16, Property Code, and rules adopted by the |
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commission under that subtitle. |
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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. |
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