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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of building code standards for new |
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residential construction in the unincorporated area of a county; |
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providing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 233, Local Government |
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Code, is amended by adding Sections 233.1545 and 233.1546 to read as |
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follows: |
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Sec. 233.1545. FEE. A county may charge a fee not to exceed |
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$25 for each new residential construction to defray the costs of |
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administering the building code requirements of this subchapter. |
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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 as determined by the county. |
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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 2. Section 233.153(f), Local Government Code, is |
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repealed. |
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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. |