85R19331 PAM-F
 
  By: King of Parker H.B. No. 2040
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the building code standards for new residential
  construction in the unincorporated area of certain counties;
  affecting the prosecution of a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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).
         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.
         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.
         SECTION 4.  This Act takes effect September 1, 2017.