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A BILL TO BE ENTITLED
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AN ACT
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relating to the building code standards for new residential |
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construction in the unincorporated area of certain counties; |
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creating a criminal offense and affecting the prosecution of a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 233.155, Local Government Code, is |
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amended to read as follows: |
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Sec. 233.155. ENFORCEMENT OF STANDARDS. (a) If proper |
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notice is not submitted in accordance with Sections 233.154(b) and |
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(c), the county may take any or all of the following actions: |
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(1) refer the inspector to the appropriate regulatory |
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authority for discipline; |
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(2) in a suit brought by the appropriate attorney |
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representing the county in the district court, obtain appropriate |
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injunctive relief to prevent a violation or threatened violation of |
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a standard or notice required under this subchapter from continuing |
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or occurring; or |
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(3) refer the builder for prosecution under Section |
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233.157. |
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(b) If the notice the builder provided to the county under |
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Section 233.154(c) does not indicate that the inspection showed |
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substantial compliance with the applicable building code |
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standards, the county may take either or both of the actions under |
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Subsections (a)(2) and (3). |
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(c) It is an affirmative defense to suit under Subsection |
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(a)(2) for failure to submit proper notice under Section 233.154(c) |
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or documentation of substantial compliance under Subsection (b) if |
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the builder's failure to submit a notice or the documentation is |
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the result of the failure of the person who performed the inspection |
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to provide appropriate documentation to the builder for submission |
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to the county. |
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SECTION 2. Section 233.157, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (d) to |
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read as follows: |
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(a) A builder [person] commits an offense if: |
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(1) the builder [person] fails to provide proper |
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notice in accordance with Sections 233.154(b) and (c); or |
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(2) as provided by Section 233.155(b), the builder |
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does not provide notice under Section 233.154(c) that indicates |
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that the inspection showed substantial compliance with the |
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applicable building code standards. |
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(d) It is an affirmative defense to prosecution for failure |
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to submit proper notice under Section 233.154(c) or documentation |
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of substantial compliance under Section 233.155(b) if the builder's |
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failure to submit a notice or the documentation is the result of the |
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failure of the person who performed the inspection to provide |
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appropriate documentation to the builder for submission to the |
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county. |
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SECTION 3. The changes in law made by this Act apply only to |
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new residential construction that commences on or after September |
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1, 2017. New residential construction that commences before |
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September 1, 2017, is governed by the law in effect immediately |
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before that date, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |