By: Oliveira H.B. No. 3394
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to county building code standards for new residential
  construction; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 2.  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
  actively and diligently enforces the municipality's adopted
  building code within its extraterritorial jurisdiction.
         (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 3.  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 4.  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 5.  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; and
               (2)  issue the certificate of determination of
  inspection, if appropriate, not later than the 10th day after the
  date the determination is made.
         SECTION 6.  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 noncomplyinq
  conditions; and
               (4)  recover actual expenses incurred by the owner of
  the 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.
         SECTION 7.  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
  that the dwelling or unit was constructed before the effective date
  of this subchapter; or
               (1)  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;
               (2)  the violation related to a building standard or
  building code for that dwelling or unit; and
               (3)  the county:
                     (A)  did not make available to the person a grant
  or loan in an amount sufficient to cure the violation; or
                     (B)  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 8.  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 a resolution under Section 233.153(a) and is
  enforcing the provisions of this subchapter.
         SECTION 9.  (a)  Except as provided by Subsection (b), this
  Act takes effect September 1, 2011.
         (b)  A county is not required to adopt a resolution to be
  eligible for state money as required by Section 233.158, Local
  Government Code, as added by this Act, until September 1, 2012.