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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; providing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 469, Government Code, is |
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amended by adding Section 469.0585 to read as follows: |
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Sec. 469.0585. BUILDING CONSTRUCTION PERMITS AND FINAL |
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CERTIFICATES OF OCCUPANCY; ADMINISTRATIVE PENALTY. (a) The |
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commission shall impose an administrative penalty under Subchapter |
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F, Chapter 51, Occupations Code, on a political subdivision that |
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issues a building construction permit or a final certificate of |
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occupancy in violation of Section 469.102 or 469.105. |
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(b) Notwithstanding Section 51.302, Occupations Code, the |
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total amount of an administrative penalty under this section is the |
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amount calculated by multiplying the population of the political |
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subdivision by one cent. |
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(c) An administrative penalty collected under this section |
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may be appropriated only to the trusteed programs within the office |
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of the governor for the purpose of informing organizations and the |
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general public of disability issues. |
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SECTION 2. 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 3. 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 4. The changes in law made by this Act apply only to |
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a building or facility for which an application for a building |
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construction permit is submitted to a political subdivision on or |
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after the effective date of this Act. A building or facility for |
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which an application for a building construction permit is |
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submitted to a political subdivision before the effective date of |
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this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |