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A BILL TO BE ENTITLED
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AN ACT
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relating to building code standards for new residential |
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construction in the unincorporated area of a county. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 233.152, Local Government Code, is |
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amended to read as follows: |
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Sec. 233.152. APPLICABILITY. (a) Except as provided by |
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Subsection (b), this [This] subchapter applies only to new |
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residential construction in a county that has adopted a resolution |
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or order requiring the application of the provisions of this |
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subchapter and that: |
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(1) is located within 50 miles of an international |
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border; or |
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(2) has a population of more than 100. |
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(b) This subchapter does not apply to new residential |
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construction if: |
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(1) the property on which the new residential |
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construction is located is appraised for ad valorem tax purposes as |
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land for agricultural use or open-space land under Subchapter C or |
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D, Chapter 23, Tax Code; |
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(2) the new residential construction will not be |
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located within 1,000 feet of a platted subdivision; |
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(3) the new residential construction is intended to be |
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used as the primary residence of an individual who is the builder |
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of, or acts as the general contractor for, the construction; and |
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(4) the new residential construction is: |
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(A) the first residential construction, as |
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described by Section 233.151(a)(1), to be built on the property; or |
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(B) an addition to an existing single-family |
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house or duplex, as described by Section 233.151(a)(2). |
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SECTION 2. Subchapter F, Chapter 233, Local Government |
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Code, is amended by adding Section 233.1546 to read as follows: |
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Sec. 233.1546. CERTIFICATION OF COMPLIANCE; CONNECTION OF |
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UTILITIES. (a) A county may require the issuance of a certificate |
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of compliance as a precondition to obtaining utility services as |
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provided by this section. |
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(b) The county shall, not later than the fifth business day |
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after the date a request is received under this subsection, issue |
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the requesting party a written certificate of compliance if: |
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(1) the county receives a written request from a |
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person who builds new residential construction subject to this |
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section, the person for whom the new residential construction is |
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built, or an entity that provides utility service; and |
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(2) the requesting party demonstrates that the new |
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residential construction has complied with all requirements |
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applicable under this subchapter. |
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(c) An electric, gas, water, or sewer service utility may |
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not permanently serve or connect new residential construction |
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subject to this section with electricity, gas, water, sewer, or |
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other utility service unless the utility receives a certificate |
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issued by the county that states that compliance with all |
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requirements applicable under this subchapter was demonstrated as |
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provided by Subsection (b). |
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(d) Subsection (c) does not prevent the temporary use or |
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connection of utilities necessary to complete new residential |
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construction, including temporary use or connection of utilities to |
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pass an inspection under this subchapter. |
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SECTION 3. The changes in law made by this Act apply only to |
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new residential construction that commences on or after the |
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effective date of this Act, except that if the county requires |
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notice under Section 233.154(b), Local Government Code, this Act |
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applies only to new residential construction for which notice was |
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given on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2011. |