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.