By: West, Hinojosa  S.B. No. 170
         (In the Senate - Filed January 9, 2013; January 29, 2013,
  read first time and referred to Committee on Intergovernmental
  Relations; March 25, 2013, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 4, Nays 1;
  March 25, 2013, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 170 By:  Garcia
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to building code standards for new residential
  construction in the unincorporated area of a county.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 233.152, Local Government Code, is
  amended to read as follows:
         Sec. 233.152.  APPLICABILITY. (a)  Except as provided by
  Subsection (b), this [This] subchapter applies only to new
  residential construction in a county that has adopted a resolution
  or order requiring the application of the provisions of this
  subchapter and that:
               (1)  is located within 50 miles of an international
  border; or
               (2)  has a population of more than 100.
         (b)  This subchapter does not apply to new residential
  construction if:
               (1)  the property on which the new residential
  construction is located is appraised for ad valorem tax purposes as
  land for agricultural use or open-space land under Subchapter C or
  D, Chapter 23, Tax Code;
               (2)  the new residential construction will not be
  located within 1,000 feet of a platted subdivision;
               (3)  the new residential construction is intended to be
  used as the primary residence of an individual who is the builder
  of, or acts as the general contractor for, the construction; and
               (4)  the new residential construction is:
                     (A)  the first residential construction, as
  described by Section 233.151(a)(1), to be built on the property; or
                     (B)  an addition to an existing single-family
  house or duplex, as described by Section 233.151(a)(2).
         SECTION 2.  Section 233.154, Local Government Code, is
  amended by amending Subsection (c) and adding Subsection (c-1) to
  read as follows:
         (c)  If required by the county, not later than the 10th day
  after the date of the final inspection under this section, the
  builder shall submit notice of the inspection stating whether or
  not the inspection showed compliance with the building code
  standards applicable to that phase of construction in a form
  required by the county to:
               (1)  the county employee, department, or agency
  designated by the commissioners court of the county to receive the
  information, subject to Subsection (c-1); and
               (2)  the person for whom the new residential
  construction is being built, if different from the builder.
         (c-1)  The commissioners court of a county may designate the
  county clerk to receive information as provided by Subsection
  (c)(1) only if the county clerk consents to the designation.
         SECTION 3.  Subchapter F, Chapter 233, Local Government
  Code, is amended by adding Section 233.1545 to read as follows:
         Sec. 233.1545.  CERTIFICATION OF COMPLIANCE; CONNECTION OF
  UTILITIES. (a)  A county to which this subchapter applies shall
  require the issuance of a certificate of compliance as a
  precondition to obtaining utility services as provided by this
  section.
         (b)  Not later than the fifth business day after the date a
  notice of inspection described by Section 233.154(c) stating that
  the inspection showed compliance with building code standards
  described by Section 233.153 is received, the county shall issue
  the party submitting the notice a written certificate of
  compliance.
         (c)  An electric, gas, water, or sewer service utility may
  not permanently serve or connect new residential construction of a
  single-family house or duplex as described by Section 233.151(a)(1)
  with electricity, gas, water, sewer, or other utility service
  unless the utility receives a certificate issued by the county
  under Subsection (b).
         (d)  Subsection (c) does not prevent the temporary use or
  connection of utilities necessary to complete new residential
  construction, including temporary use or connection of utilities to
  pass an inspection under this subchapter.
         SECTION 4.  The changes in law made by this Act apply only to
  new residential construction that commences on or after the
  effective date of this Act, except that if the county requires
  notice under Subsection (b), Section 233.154, Local Government
  Code, this Act applies only to new residential construction for
  which notice was given on or after the effective date of this Act.
         SECTION 5.  This Act takes effect September 1, 2013.
 
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