By: Smith of Harris H.B. No. 4170

A BILL TO BE ENTITLED

AN ACT

relating to requiring property inspections for windstorm and hail insurance in certain geographic areas and authorizing certain political subdivisions to adopt and enforce regulations relating to severe weather, including residential building codes, abandoned land, and damaged buildings; granting a limited power of eminent domain.

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

SECTION 1. Section 2210.251(b), Insurance Code, is amended to read as follows:

(b) After January 1, 2004, for geographic areas specified by the commissioner, the commissioner by rule shall adopt the 2003 International Residential Code for one- and two-family dwellings published by the International Code Council. For those geographic areas, the commissioner shall review that code biennially. The commissioner by rule may adopt a subsequent edition of that code and may adopt any supplements published by the International Code Council and amendments to that code. After January 1, 2010, for purposes of specifying a geographic area under this subsection, the commissioner shall consider the wind speed lines indicated on the wind gradient map applicable to the International Residential Code.

SECTION 2. The heading to Subchapter A, Chapter 233, Local Government Code, is amended to read as follows:

SUBCHAPTER A. DANGEROUS STRUCTURES [SUBSTANCES]

SECTION 3. Subchapter A, Chapter 233, Local Government Code, is amended by adding Section 233.002 to read as follows:

Sec. 233.002. AUTHORITY REGARDING CERTAIN SUBSTANDARD BUILDINGS. (a) This section applies only to a county that borders the Gulf of Mexico or a county adjacent to a county that borders the Gulf of Mexico. The authority described by this section applies only to areas outside the corporate limits of municipalities.

(b) The commissioners court of a county may establish procedures necessary due to conditions resulting from severe weather for:

(1) vacating or relocating occupants of damaged buildings; or

(2) securing, repairing, removing, or demolishing a building that is dilapidated, substandard, or unfit for human habitation and is a hazard to the public health, safety, and welfare.

SECTION 4. Chapter 233, Local Government Code, is amended by adding Subchapter E to read as follows:

SUBCHAPTER E. RESIDENTIAL BUILDING CODE IN CERTAIN COUNTIES

Sec. 233.151. APPLICABILITY. This subchapter applies only to:

(1) a county that borders the Gulf of Mexico; or

(2) a county adjacent to a county that borders the Gulf of Mexico.

Sec. 233.151. AUTHORITY TO ADOPT AND ENFORCE RESIDENTIAL BUILDING CODE. The commissioners court of a county may adopt a residential building code as necessary to protect residences from windstorms and storm surges and rules necessary to administer and enforce the building code.

SECTION 5. Chapter 280, Local Government Code, is amended by adding Section 280.005 to read as follows:

Sec. 280.005. LAND ABANDONED DUE TO EFFECT OF SEVERE WEATHER. (a) The commissioners court of a county or the governing body of a municipality may acquire by eminent domain as provided by Chapter 21, Property Code, land that is abandoned because of the effect of severe weather.

(b) For purposes of this section, a property is presumed to be abandoned because of the effect of severe weather if the property has been damaged by severe weather and for one year following the severe weather, the property has remained vacant and a lawful act of ownership of the property has not been exercised.

(c) The commissioners court or governing body may sell property acquired under this section after substantial public notice.

SECTION 6. The changes in law made by this Act apply to a building that is unsafe, as described by Section 233.002, Local Government Code, as added by this Act, on or after the effective date of this Act, because of severe weather without regard to whether the severe weather occurred before, on, or after the effective date of this Act.

SECTION 7. The changes in law made by Section 280.005, Local Government Code, as added by this Act, apply to property that is considered abandoned on or after the effective date of this Act, regardless of whether the severe weather occurred before, on, or after that date.

SECTION 8. This Act takes effect September 1, 2009.