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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a political subdivision to issue a |
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building construction permit or final certificate of occupancy for |
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a building or facility required to meet certain accessibility |
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standards; requiring a related study. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 469.102(d), Government Code, is amended |
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to read as follows: |
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(d) A public official of a political subdivision who is |
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legally authorized to issue building construction permits may not |
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accept an application for a building construction permit for a |
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building or facility subject to Section 469.101 unless the |
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applicant submits verification to the official that: |
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(1) [official verifies that] the building or facility |
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has been registered with the department as provided by rule; and |
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(2) the plans and specifications for the building or |
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facility have been submitted to the department as required by |
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Subsection (c). |
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SECTION 2. Section 469.105, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A political subdivision may not issue a final |
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certificate of occupancy to the owner of a building or facility |
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described by Section 469.101 unless the owner provides to the |
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political subdivision a report or letter from a person or entity |
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described by Subsection (b) indicating that the building or |
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facility has been inspected by the person or entity and is in |
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compliance with the requirements of this chapter. |
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SECTION 3. (a) The Texas Department of Licensing and |
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Regulation shall conduct a study regarding the effects of the |
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changes in law made by Sections 469.102(d) and 469.105, Government |
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Code, as amended by H.B. 1120, Acts of the 85th Legislature, Regular |
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Session, 2017. |
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(b) In conducting the study, the department shall compare |
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the effects of the changes in law in one municipality selected by |
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the department from each of the following categories to the effects |
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of those changes in the most populous municipality in this state: |
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(1) a municipality with a population of more than one |
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million that is not the most populous municipality in the state; |
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(2) a municipality with a population of 250,000 or |
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more but not more than 650,000; and |
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(3) a municipality located in a rural county with a |
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population of less than 50,000. |
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(c) The department must conduct the study in consultation |
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with the member of the house of representatives who introduced H.B. |
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1120, Acts of the 85th Legislature, Regular Session, 2017, and the |
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chair of the House Committee on Licensing and Administrative |
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Procedures. |
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(d) Not later than November 1, 2018, the department shall |
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submit to the legislature a written report of the results of the |
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study. |
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(e) This section of this Act expires January 1, 2019. |
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SECTION 4. Sections 469.102(d) and 469.105, Government |
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Code, as amended by this Act, apply only to a building or facility |
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for which an application for a building construction permit is |
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submitted to a political subdivision on or after the effective date |
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of this Act. A building or facility for which an application for a |
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building construction permit is submitted to a political |
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subdivision before the effective date of this Act is governed by the |
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law in effect immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |