|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the regulation of land development, including county |
|
building code standards for new residential construction, and sales |
|
in certain counties and municipalities; providing penalties. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The purpose of the changes to Section 232.037, |
|
Local Government Code, is to allow the state and certain counties to |
|
be affected parties in claims against unscrupulous developers who |
|
violate subdivision platting requirements under Subchapter B, |
|
Chapter 232, Local Government Code, because the state and counties |
|
may reasonably be expected to mitigate or ameliorate the conditions |
|
created by those developers. |
|
SECTION 2. Section 232.0031, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 232.0031. STANDARD FOR ROADS IN SUBDIVISION. A county |
|
may not impose under Section 232.003 a higher standard for streets |
|
or roads in a subdivision than the county imposes on itself for the |
|
construction of new streets or roads with a similar type and amount |
|
of traffic. |
|
SECTION 3. Section 232.022(d), Local Government Code, is |
|
amended to read as follows: |
|
(d) This subchapter does not apply if: |
|
(1) all [each] of the lots of the subdivision are more |
|
than [is] 10 [or more] acres; and |
|
(2) restrictions are included in each deed that |
|
prohibit each lot from being further subdivided into lots intended |
|
to be used for residential purposes and notice of the restrictions |
|
are included in each recorded plat. |
|
SECTION 4. Section 232.023, Local Government Code, is |
|
amended by amending Subsection (a) and adding Subsection (a-1) to |
|
read as follows: |
|
(a) A subdivider of land must have a plat of the subdivision |
|
prepared if at least one of the lots of the subdivision is five |
|
acres or less. A commissioners court by order may require each |
|
subdivider of land to prepare a plat if at least one of the lots of a |
|
subdivision is more than five acres but not more than 10 acres. |
|
(a-1) A subdivision of a tract under this section |
|
[subsection] includes a subdivision of real property by any method |
|
of conveyance, including a contract for deed, oral contract, |
|
contract of sale, or other type of executory contract, regardless |
|
of whether the subdivision is made by using a metes and bounds |
|
description. |
|
SECTION 5. Subchapter B, Chapter 232, Local Government |
|
Code, is amended by adding Section 232.0315 to read as follows: |
|
Sec. 232.0315. NOTICE OF WATER AND WASTEWATER REQUIREMENTS |
|
BY COUNTIES. (a) This section applies only to a county that sells: |
|
(1) under Section 34.01, Tax Code, real property |
|
presumed to be for residential use under Section 232.022; or |
|
(2) under Section 3, Part VI, Texas Rules of Civil |
|
Procedure, and Chapter 34, Civil Practice and Remedies Code, real |
|
property presumed to be for residential use under Section 232.022, |
|
taken by virtue of a writ of execution. |
|
(b) A county shall include in the public notice of sale of |
|
the property and the deed conveying the property a statement |
|
substantially similar to the following: |
|
"THIS SALE IS BEING CONDUCTED PURSUANT TO STATUTORY OR |
|
JUDICIAL REQUIREMENTS. ______ (NAME OF COUNTY) AND THE SHERIFF'S |
|
DEPARTMENT ARE ACTING ONLY AS CONDUITS OF INFORMATION. BIDDERS |
|
WILL BID ON THE RIGHTS, TITLE, AND INTERESTS, IF ANY, IN THE REAL |
|
PROPERTY OFFERED. |
|
"THE PROPERTY IS SOLD AS IS, WHERE IS, AND WITHOUT ANY |
|
WARRANTY, EITHER EXPRESS OR IMPLIED. NEITHER THE COUNTY NOR THE |
|
SHERIFF'S DEPARTMENT WARRANTS OR MAKES ANY REPRESENTATIONS ABOUT |
|
THE PROPERTY'S TITLE, CONDITION, HABITABILITY, MERCHANTABILITY, OR |
|
FITNESS FOR A PARTICULAR PURPOSE. BUYERS ASSUME ALL RISKS. |
|
"IN SOME SITUATIONS, A LOT OF FIVE ACRES OR LESS IS PRESUMED |
|
TO BE INTENDED FOR RESIDENTIAL USE. HOWEVER, IF THE PROPERTY LACKS |
|
WATER OR WASTEWATER SERVICE, THE PROPERTY MAY NOT QUALIFY FOR |
|
RESIDENTIAL USE. A POTENTIAL BUYER WHO WOULD LIKE MORE INFORMATION |
|
SHOULD MAKE ADDITIONAL INQUIRIES OR CONSULT WITH PRIVATE COUNSEL." |
|
(c) The statement required by Subsection (b) must be: |
|
(1) printed: |
|
(A) in accordance with the language requirements |
|
of Section 232.025; and |
|
(B) in 14-point boldface type or 14-point |
|
uppercase typewritten letters; and |
|
(2) read aloud at the sale, in accordance with the |
|
language requirements of Section 232.025, by an agent of the |
|
county. |
|
(d) A sale conducted in violation of this section is void. |
|
SECTION 6. Section 232.037, Local Government Code, is |
|
amended by amending Subsection (a) and adding Subsection (e) to |
|
read as follows: |
|
(a) The attorney general, or the district attorney, |
|
criminal district attorney, county attorney with felony |
|
responsibilities, or county attorney of the county may take any |
|
action necessary in a court of competent jurisdiction on behalf of |
|
the state, an affected county subject to this subchapter, or |
|
affected [on behalf of] residents to: |
|
(1) enjoin the violation or threatened violation of |
|
the model rules adopted under Section 16.343, Water Code; |
|
(2) enjoin the violation or threatened violation of a |
|
requirement of this subchapter or a rule adopted by the |
|
commissioners court under this subchapter; |
|
(3) recover civil or criminal penalties, attorney's |
|
fees, litigation costs, and investigation costs; [and] |
|
(4) require platting or replatting under Section |
|
232.040; |
|
(5) recover funds paid to the subdivider or an agent of |
|
the subdivider, with interest; |
|
(6) freeze the assets of the subdivider or an agent of |
|
the subdivider; and |
|
(7) void or rescind contracts. |
|
(e) If the state or a county is a party to the claim, funds |
|
recovered under Subsection (a)(5) must be divided between the |
|
affected residents and the governmental entity or entities, with 50 |
|
percent of the recovery to be paid to the affected residents and the |
|
other 50 percent to be paid to the governmental entity or entities. |
|
Multiple governmental entities that are party to the claim must |
|
divide money received under this subsection equally among the |
|
entities. |
|
SECTION 7. Section 232.072, Local Government Code, is |
|
amended by amending Subsection (a) and adding Subsection (a-1) to |
|
read as follows: |
|
(a) The owner of a tract of land that divides the tract in |
|
any manner that creates lots of five acres or less intended for |
|
residential purposes must have a plat of the subdivision prepared. |
|
A commissioners court by order may require each subdivider of land |
|
to prepare a plat if at least one of the lots of a subdivision is |
|
more than five acres but not more than 10 acres. |
|
(a-1) A subdivision of a tract under this section includes a |
|
subdivision of real property by any method of conveyance, including |
|
a contract for deed, oral contract, contract of sale, or other type |
|
of executory contract, regardless of whether the subdivision is |
|
made by using a metes and bounds description. |
|
SECTION 8. Subchapter C, Chapter 232, Local Government |
|
Code, is amended by adding Section 232.0805 to read as follows: |
|
Sec. 232.0805. SUIT BY PRIVATE PERSON IN ECONOMICALLY |
|
DISTRESSED AREA. A person who has purchased or is purchasing a lot |
|
in a subdivision for residential purposes that does not have water |
|
and sewer services as required by this subchapter and is located in |
|
an economically distressed area, as defined by Section 17.921, |
|
Water Code, from a subdivider may bring suit in the district court |
|
in which the property is located or in a district court in Travis |
|
County to: |
|
(1) declare the sale of the property void, require the |
|
subdivider to return the purchase price of the property, and |
|
recover from the subdivider: |
|
(A) the market value of any permanent |
|
improvements the person placed on the property; |
|
(B) actual expenses incurred as a direct result |
|
of the failure to provide adequate water and sewer facilities; |
|
(C) court costs; and |
|
(D) reasonable attorney's fees; or |
|
(2) enjoin a violation or threatened violation of |
|
Section 232.072, require the subdivider to plat or amend or replat |
|
an existing plat under Section 232.011 or 232.081, and recover from |
|
the subdivider: |
|
(A) actual expenses incurred as a direct result |
|
of the failure to provide adequate water and sewer facilities; |
|
(B) court costs; and |
|
(C) reasonable attorney's fees. |
|
SECTION 9. Section 233.151, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 233.151. DEFINITIONS. (a) In this subchapter: |
|
(1) "New[, "new] residential construction" includes: |
|
(A) [(1) residential] construction of a |
|
residential dwelling [single-family house or duplex] on a vacant |
|
lot; and |
|
(B) [(2)] construction of an addition to an |
|
existing residential dwelling or unit of a residential dwelling |
|
[single-family house or duplex], if the addition will increase the |
|
square footage or value of the existing residential dwelling or |
|
unit, as applicable, [building] by more than 50 percent. |
|
(2) "Residential dwelling" means a building |
|
containing one to three individual units to be occupied for |
|
residential purposes by one or more individuals and includes a |
|
single-family dwelling, duplex, or triplex. |
|
(b) The term "new residential construction" does not |
|
include a structure that is constructed in accordance with Chapter |
|
1201, Occupations Code, or a modular home constructed in accordance |
|
with Chapter 1202, Occupations Code. |
|
SECTION 10. Section 233.153, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 233.153. BUILDING CODE STANDARDS APPLICABLE. (a) The |
|
commissioners court of a county by order may require new [New] |
|
residential construction [of a single-family house or duplex] in |
|
the unincorporated area of the [a] county to [which this subchapter
|
|
applies shall] conform to the version of the International |
|
Residential Code published as of May 1, 2008, or the version of the |
|
International Residential Code that is applicable in the county |
|
seat of that county. |
|
(b) Standards required under this subchapter apply only to |
|
new residential construction that begins after September 1, 2011 |
|
[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 building code standards |
|
under this subchapter have no effect in the municipality's |
|
extraterritorial jurisdiction, provided that the municipality: |
|
(1) actively and diligently enforces the |
|
municipality's adopted building code within its extraterritorial |
|
jurisdiction; and |
|
(2) establishes a process to inform utilities |
|
providing service in the municipality's extraterritorial |
|
jurisdiction of the prevailing building code. |
|
(d) This subchapter may not be construed to: |
|
(1) [require prior approval by the county before the
|
|
beginning of new residential construction;
|
|
[(2)] authorize the commissioners court of a county to |
|
adopt or enforce zoning regulations; or |
|
(2) [(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 more stringent requirements |
|
[provisions of Subchapter B, Chapter 232,] control. |
|
[(f)
A county may not charge a fee to a person subject to
|
|
standards under this subchapter to defray the costs of enforcing
|
|
the standards.] |
|
SECTION 11. Subchapter F, Chapter 233, Local Government |
|
Code, is amended by adding Section 233.1531 to read as follows: |
|
Sec. 233.1531. BUILDING PERMITS. (a) The commissioners |
|
court of a county to which this subchapter applies may, by order, |
|
establish a building permit requirement to promote safe and uniform |
|
building, plumbing, and electrical standards and to enforce the |
|
building codes the county has adopted. If a commissioners court |
|
adopts an order to establish a building permit requirement, the |
|
county shall establish a mechanism by which the county issues a |
|
building permit if the person submitting the application for the |
|
permit: |
|
(1) files information relating to the location of the |
|
residence; |
|
(2) files the building plans for the residence; and |
|
(3) complies with the applicable regulations relating |
|
to the issuance of the permit. |
|
(b) A county may adopt rules it considers necessary to |
|
administer its duties under this section and charge a reasonable |
|
fee, not to exceed $500 per application, to defray the costs of |
|
administering its duties under this section. |
|
(c) The county shall deposit fees collected under this |
|
section in an account in its general fund and dedicate the fees to |
|
the building permit program. The funds in the account may be used |
|
only for the purpose of administering the building permit program. |
|
SECTION 12. Section 233.154(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) A person who builds new residential construction |
|
[described by Section 233.153] shall have the construction |
|
inspected to ensure building code compliance in accordance with |
|
this section as follows: |
|
(1) for new residential construction on a vacant lot, |
|
the following [a minimum of three] inspections must be performed |
|
during the construction project to ensure code compliance, as |
|
applicable, at the following stages of construction: |
|
(A) the foundation stage, including [before] the |
|
placement of concrete; |
|
(B) the framing, electrical, plumbing, and |
|
mechanical systems stage, before covering with drywall or other |
|
interior wall covering; and |
|
(C) on completion of the new residential |
|
construction [of the residence]; |
|
(2) for new residential construction of an addition to |
|
an existing residential dwelling [residence] as described by |
|
Section 233.151(a)(1)(B) [233.151(a)(2)], the inspections under |
|
Subdivision (1) must be performed as necessary based on the scope of |
|
work of the construction project; and |
|
(3) for new residential construction on a vacant lot |
|
and for construction of an addition to an existing residential |
|
dwelling [residence], the builder: |
|
(A) is responsible for contracting to perform the |
|
inspections required by this subsection with an inspector certified |
|
by the International Code Council in the discipline[:
|
|
[(i) a licensed engineer;
|
|
[(ii) a registered architect;
|
|
[(iii)
a professional inspector licensed by
|
|
the Texas Real Estate Commission;
|
|
[(iv)
a plumbing inspector employed by a
|
|
municipality and licensed by the Texas State Board of Plumbing
|
|
Examiners;
|
|
[(v)
a building inspector employed by a
|
|
political subdivision; or
|
|
[(vi)
an individual certified as a
|
|
residential combination inspector by the International Code
|
|
Council]; and |
|
(B) may use the same inspector for all the |
|
required inspections or a different inspector for each required |
|
inspection. |
|
SECTION 13. Subchapter F, Chapter 233, Local Government |
|
Code, is amended by adding Section 233.1541 to read as follows: |
|
Sec. 233.1541. OCCUPANCY OF RESIDENCE; CONNECTION OF |
|
UTILITIES. (a) A utility may not serve or connect a residential |
|
dwelling or unit of a residential dwelling with water, sewer, |
|
electricity, or gas service unless the entity receives a |
|
determination from the commissioners court that the residential |
|
dwelling or unit: |
|
(1) has been inspected in accordance with this |
|
subchapter; |
|
(2) has passed all inspections required by this |
|
subchapter; and |
|
(3) complies with applicable on-site sewage |
|
regulations. |
|
(b) The commissioners court shall: |
|
(1) make the determination under Subsection (a) not |
|
later than the 20th regular business day after the date it receives |
|
a request for a determination; |
|
(2) issue the certificate of determination of |
|
inspection, if appropriate, not later than the 10th day after the |
|
date the determination is made; and |
|
(3) provide a certificate of occupancy, or other |
|
relevant authorizing certificate, to a utility as proof of |
|
compliance with required building codes. |
|
SECTION 14. Section 233.155, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 233.155. ENFORCEMENT OF STANDARDS. (a) If proper |
|
notice is not submitted in accordance with Sections 233.154(b) and |
|
(c), the county may take any or all of the following actions: |
|
(1) refer the inspector to the appropriate regulatory |
|
authority for discipline; |
|
(2) in a suit brought by the appropriate attorney |
|
representing the county in the district court, obtain appropriate |
|
injunctive relief to prevent a violation or threatened violation of |
|
a standard or notice required under this subchapter from continuing |
|
or occurring; or |
|
(3) refer the builder for prosecution under Section |
|
233.157. |
|
(b) The attorney general, or the district attorney, |
|
criminal district attorney, county attorney with felony |
|
responsibility, or county attorney of the county may take any |
|
action necessary in a court of competent jurisdiction on behalf of |
|
the state or on behalf of residents to: |
|
(1) enjoin the violation or threatened violation of a |
|
requirement of this subchapter or an order, rule, or standard |
|
adopted by the commissioners court under this subchapter; |
|
(2) recover civil or criminal penalties, attorney's |
|
fees, litigation costs, and investigative costs; |
|
(3) require correction of the noncomplying |
|
conditions; and |
|
(4) recover actual expenses incurred by the owner of |
|
the residential dwelling as a result of the failure to build in |
|
accordance with the adopted standards or take corrective actions. |
|
(c) The attorney general, at the request of the district or |
|
county attorney with jurisdiction, may conduct a criminal |
|
prosecution under Section 233.157. |
|
(d) During the pendency of any enforcement action brought, |
|
any resident of an affected residential dwelling, or the attorney |
|
general, district attorney, or county attorney on behalf of the |
|
resident, may file a motion against the provider of utilities to |
|
halt termination of pre-existing utility services. The services |
|
may not be terminated if the court makes an affirmative finding |
|
after hearing the motion that termination poses a threat to public |
|
health, safety, or welfare of the resident. |
|
(e) This section does not prohibit a utility from |
|
disconnecting service without prior notice when a known dangerous |
|
condition exists for as long as the condition exists. A disconnect |
|
without notice shall be performed pursuant to rules approved by the |
|
appropriate regulatory authority. |
|
SECTION 15. Section 233.157, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 233.157. OFFENSES; PENALTY; EXCEPTION. (a) A person |
|
commits an offense if the person fails to provide proper notice in |
|
accordance with Section 233.154 [Sections 233.154(b) and (c)]. |
|
(b) A person commits an offense if the person violates a |
|
rule or order adopted under this subchapter. |
|
(c) A person commits an offense if the person constructs new |
|
residential construction that does not comply with a standard |
|
adopted under this subchapter. |
|
(d) Except as provided by Subsection (e), an [An] offense |
|
under this section is a Class C misdemeanor. |
|
(e) If it is shown at trial of an offense that the defendant |
|
has previously been convicted of an offense three or more times |
|
under this subchapter, the offense is a Class B misdemeanor. |
|
(f) Venue for prosecution for a violation under this section |
|
is in the county in which any element of the violation is alleged to |
|
have occurred or in Travis County. |
|
(g) It is an exception to the application of this section: |
|
(1) that the residential dwelling or unit was |
|
constructed before the effective date of this subchapter; or |
|
(2) that: |
|
(A) the person is an owner-occupant of a |
|
residential dwelling or unit of a residential dwelling that is |
|
classified by the Texas Department of Housing and Community Affairs |
|
as a low-income household; |
|
(B) the violation related to a building standard |
|
or building code for that dwelling or unit; and |
|
(C) the county: |
|
(i) did not make available to the person a |
|
grant or loan in an amount sufficient to cure the violation; or |
|
(ii) made available to the person a loan |
|
that was sufficient to cure the violation but that caused the |
|
housing expenses of the person to exceed 30 percent of the person's |
|
net income. |
|
[(c)
An individual who fails to provide proper notice in
|
|
accordance with Sections 233.154(b) and (c) is not subject to a
|
|
penalty under this subsection if:
|
|
[(1)
the new residential construction is built by the
|
|
individual or the individual acts as the individual's own
|
|
contractor; and
|
|
[(2)
the individual intends to use the residence as
|
|
the individual's primary residence.] |
|
SECTION 16. Subchapter F, Chapter 233, Local Government |
|
Code, is amended by adding Section 233.158 to read as follows: |
|
Sec. 233.158. PROHIBITION ON USE OF STATE MONEY TO |
|
REMEDIATE OR SUBSIDIZE SUBSTANDARD HOUSING. A county may not apply |
|
for or receive state money to remediate or mitigate deficiencies in |
|
substandard housing that are associated with new residential |
|
construction commenced on or after September 1, 2011, unless the |
|
county has adopted an order under Section 233.153(a) and is |
|
enforcing the provisions of this subchapter. |
|
SECTION 17. Section 16.343(g), Water Code, is amended to |
|
read as follows: |
|
(g) Before an application for funds under Section 15.407 or |
|
Subchapter P, Chapter 15, or Subchapter K, Chapter 17, may be |
|
considered by the board, if the area for which the funds are |
|
proposed to be used is located: |
|
(1) in a municipality, the municipality must adopt and |
|
enforce the model rules pursuant to this section; |
|
(2) in the extraterritorial jurisdiction of a |
|
municipality, the applicant must demonstrate that the model rules |
|
have been adopted and are enforced in the extraterritorial |
|
jurisdiction by either the municipality or the county; or |
|
(3) outside the extraterritorial jurisdiction of a |
|
municipality: |
|
(A) the county must adopt and enforce the model |
|
rules pursuant to this section; and |
|
(B) the applicant must demonstrate that the |
|
county has complied with Paragraph (A) [a political subdivision
|
|
must adopt the model rules pursuant to this section. If the
|
|
applicant is a district, nonprofit water supply corporation, or
|
|
colonia, the applicant must be located in a city or county that has
|
|
adopted such rules. Applicants for funds under Section 15.407 or
|
|
Subchapter P, Chapter 15, or Subchapter K, Chapter 17, may not
|
|
receive funds under those provisions unless the applicable
|
|
political subdivision adopts and enforces the model rules]. |
|
SECTION 18. Section 232.0315, Local Government Code, as |
|
added by this Act, applies only to a sale for which public notice is |
|
required on or after the effective date of this Act. A sale for |
|
which public notice is required before the effective date of this |
|
Act is covered by the law in effect when the public notice was |
|
provided, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 19. The changes in law made by this Act to Sections |
|
232.022, 232.023, and 232.072, Local Government Code, apply only to |
|
a subdivision plat application submitted for approval on or after |
|
the effective date of this Act. A subdivision plat application |
|
submitted for approval before the effective date of this Act is |
|
governed by the law in effect when the application was submitted, |
|
and the former law is continued in effect for that purpose. |
|
SECTION 20. A county is not required to adopt an order to be |
|
eligible for state money as required by Section 233.158, Local |
|
Government Code, as added by this Act, until September 1, 2012. |
|
SECTION 21. This Act takes effect September 1, 2011. |
|
|
|
* * * * * |