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SECTION 1. 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) If the notice the
builder provided to the county under Section 233.154(c) does not indicate
that the inspection showed substantial
compliance with the applicable building code standards, the county may take
either or both of the actions under Subsections (a)(2) and (3).
(c) It is an affirmative defense to suit under Subsection
(a)(2) for failure to submit proper notice under Section 233.154(c) or
documentation of substantial compliance under Subsection (b) if the
builder's failure to submit a notice or the documentation is the result of
the failure of the person who performed the inspection to provide
appropriate documentation to the builder for submission to the county.
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SECTION 1. 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) If the notice the
builder provided to the county under Section 233.154(c) does not indicate
that the inspection showed compliance with the applicable building code
standards, the county may take either or both of the actions under
Subsections (a)(2) and (3).
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SECTION 2. Section 233.157,
Local Government Code, is amended by amending Subsection (a) and adding
Subsection (d) to read as follows:
(a) A builder [person]
commits an offense if:
(1) the builder
[person] fails to provide proper notice in accordance with Sections
233.154(b) and (c); or
(2) as provided by
Section 233.155(b), the builder does not provide notice under Section
233.154(c) that indicates that the inspection showed substantial compliance with the
applicable building code standards.
(d) It is an affirmative
defense to prosecution for failure to submit proper notice under Section
233.154(c) or documentation of
substantial compliance under Section 233.155(b) if the builder's
failure to submit a notice or the
documentation is the result of the failure of the person who
performed the inspection to provide appropriate documentation to the
builder for submission to the county.
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SECTION 2. Section 233.157,
Local Government Code, is amended by amending Subsection (a) and adding
Subsection (d) to read as follows:
(a) A builder [person]
commits an offense if:
(1) the builder
[person] fails to provide proper notice in accordance with Sections
233.154(b) and (c); or
(2) as provided by
Section 233.155(b), the builder does not provide notice under Section
233.154(c) that indicates that the inspection showed compliance with the
applicable building code standards.
(d) It is an affirmative
defense to prosecution for failure to submit proper notice under Section
233.154(c) if the builder's failure to submit a notice is the result of the
failure of the person who performed the inspection to provide appropriate
documentation to the builder for submission to the county.
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SECTION 3. The changes in
law made by this Act apply only to new residential construction that
commences on or after September 1, 2017. New residential construction that
commences before September 1, 2017, is governed by the law in effect
immediately before that date, and that law is continued in effect for that
purpose.
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SECTION 3. Same as introduced
version.
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