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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability and enforcement of building and fire |
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codes in the unincorporated areas of a county; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 233.061(a), Local Government Code, is |
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amended to read as follows: |
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(a) The commissioners court of a county [with a population
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of over 250,000 or a county adjacent to a county with a population
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of over 250,000] may adopt a fire code and rules necessary to |
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administer and enforce the fire code. |
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SECTION 2. Sections 233.062(a) and (c), Local Government |
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Code, are amended to read as follows: |
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(a) The fire code applies only to the following buildings |
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constructed in an unincorporated area of the county: |
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(1) a commercial establishment; |
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(2) a public building; and |
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(3) a single or multifamily residential dwelling |
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[consisting of four or more units]. |
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(c) Except as provided by Subsection (d), the [The] fire |
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code must: |
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(1) conform to: |
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(A) the International Fire Code, as published by |
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the International Code Council, as the code existed on May 1, 2015 |
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[2005]; or |
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(B) the Uniform Fire Code, as published by the |
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National Fire Protection Association, as the code existed on May 1, |
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2015 [2005]; or |
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(2) establish protective measures that exceed the |
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standards of the codes described by Subdivision (1). |
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SECTION 3. Section 233.064(b), Local Government Code, is |
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amended to read as follows: |
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(b) The commissioners court may provide that a county |
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employee, [or] an employee of another governmental entity under |
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intergovernmental contract, or an approved third-party inspector |
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may perform the inspection. |
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SECTION 4. The heading to Subchapter F, Chapter 233, Local |
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Government Code, is amended to read as follows: |
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SUBCHAPTER F. [RESIDENTIAL] BUILDING CODE STANDARDS APPLICABLE TO |
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UNINCORPORATED AREAS OF CERTAIN COUNTIES |
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SECTION 5. Section 233.151, Local Government Code, is |
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amended to read as follows: |
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Sec. 233.151. DEFINITIONS. (a) In this subchapter: |
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(1) "New commercial construction" includes: |
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(A) commercial construction of a building on a |
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vacant lot; and |
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(B) construction of an addition to or a |
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renovation of an existing commercial building, if the addition or |
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renovation will increase the square footage or value of the |
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existing building by more than 50 percent. |
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(2) "New construction" means new commercial |
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construction and new residential construction. |
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(3) "New [, "new] residential construction" includes: |
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(A) [(1)] residential construction of a |
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single-family house, a [or] duplex, or a multifamily building not |
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more than three stories high on a vacant lot; and |
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(B) [(2)] construction of an addition to or a |
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renovation of an existing single-family house, a [or] duplex, or a |
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multifamily building not more than three stories high, if the |
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addition or renovation will increase the square footage or value of |
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the existing residential building by more than 50 percent. |
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(b) The term "new residential construction" does not |
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include a structure that is constructed in accordance with Chapter |
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1201, Occupations Code, or a modular home constructed in accordance |
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with Chapter 1202, Occupations Code. |
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SECTION 6. Section 233.153, Local Government Code, is |
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amended by amending Subsections (a), (b), (d), and (f) and adding |
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Subsections (b-1) and (g) to read as follows: |
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(a) Except as provided by Subsection (b-1), new [New] |
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residential construction [of a single-family house or duplex] in |
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the unincorporated area of a county to which this subchapter |
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applies shall conform to the version of the International |
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Residential Code published as of May 1, 2015 [2008, or the version
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of the International Residential Code that is applicable in the
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county seat of that county]. |
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(b) Except as provided by Subsection (b-1), new commercial |
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construction in the unincorporated area of a county shall conform |
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to the version of the International Building Code published as of |
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May 1, 2015 [Standards required under this subchapter apply only to
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new residential construction that begins after September 1, 2009]. |
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(b-1) The commissioners court of a county may: |
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(1) adopt and apply later versions of the |
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International Residential Code or the International Building Code |
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to new construction; or |
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(2) establish standards for new construction that |
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exceed the standards of those codes. |
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(d) This subchapter may not be construed to: |
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(1) [require prior approval by the county before the
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beginning of new residential construction;
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[(2)] authorize the commissioners court of a county to |
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adopt or enforce zoning regulations; or |
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(2) [(3)] affect the application of the provisions of |
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Subchapter B, Chapter 232, to land development. |
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(f) A county may [not] charge a fee to a person subject to |
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standards under this subchapter to defray the costs of enforcing |
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the standards. |
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(g) The commissioners court of a county may adopt rules |
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necessary to administer and enforce the building code standards |
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adopted under this subchapter. |
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SECTION 7. Section 233.154, Local Government Code, is |
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amended by amending Subsections (a) and (c) and adding Subsections |
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(a-1) and (a-2) to read as follows: |
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(a) A person who builds new [residential] construction |
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[described by Section 233.153] shall have the construction |
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inspected to ensure building code compliance in accordance with |
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this section as follows: |
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(1) for new [residential] construction as described by |
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Section 233.151(a)(1)(A) or (3)(A) [on a vacant lot], a minimum of |
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three inspections must be performed during the construction project |
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to ensure code compliance, as applicable, at the following stages |
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of construction: |
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(A) the foundation stage, before the placement of |
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concrete; |
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(B) the framing and mechanical systems stage, |
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before covering with drywall or other interior wall covering; and |
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(C) on completion of construction of the |
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residence or building; and |
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(2) for new [residential] construction [of an addition
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to an existing residence] as described by Section 233.151(a)(1)(B) |
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or (3)(B) [233.151(a)(2)], the inspections under Subdivision (1) |
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must be performed as necessary based on the scope of work of the |
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construction project. |
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(a-1) A county shall employ a building inspector certified |
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by the International Code Council to review construction plans and |
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inspect new construction or shall require[; and
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[(3)
for new residential construction on a vacant lot
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and for construction of an addition to an existing residence, the
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builder]: |
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(1) the builder of new residential construction to |
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contract for inspection [(A) is responsible for contracting to
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perform the inspections required by this subsection] with: |
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(A) [(i)] a licensed engineer; |
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(B) [(ii)] a registered architect; |
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(C) [(iii)
a professional inspector licensed by
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the Texas Real Estate Commission;
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[(iv)] a plumbing inspector employed by a |
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municipality and licensed by the Texas State Board of Plumbing |
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Examiners; |
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(D) [(v)] a building inspector employed by a |
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political subdivision; or |
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(E) [(vi)] an individual certified as a |
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residential combination inspector by the International Code |
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Council; or |
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(2) the general contractor for new commercial |
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construction to contract for inspection with: |
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(A) a licensed engineer; |
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(B) a registered architect; |
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(C) a certified building inspector employed by a |
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political subdivision; or |
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(D) an inspector certified by the International |
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Code Council as a commercial building inspector, commercial |
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electrical inspector, commercial mechanical inspector, or |
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commercial plumbing inspector. |
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(a-2) A builder or general contractor [and
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[(B)] may use the same inspector for all the |
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required inspections or a different inspector for each required |
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inspection under Subsection (a) if the builder or general |
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contractor contracts for the inspection. |
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(c) If required by the county for new residential |
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construction, not later than the 10th day after the date of the |
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final inspection under this section, the builder shall submit |
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notice of the inspection stating whether or not the inspection |
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showed compliance with the building code standards applicable to |
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that phase of construction in a form required by the county to: |
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(1) the county employee, department, or agency |
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designated by the commissioners court of the county to receive the |
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information; and |
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(2) the person for whom the new residential |
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construction is being built, if different from the builder. |
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SECTION 8. Sections 233.155(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) If proper notice for new residential construction is not |
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submitted in accordance with Section 233.154(c) [Sections
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233.154(b) and (c)], the county may take any or all of the following |
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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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(2) [(3)] refer the builder for prosecution under |
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Section 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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compliance with the applicable building code standards, the county |
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may take either or both of the actions under Subsections (a)(1) |
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[(a)(2)] and (2) [(3)]. |
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SECTION 9. Sections 233.157(a) and (c), Local Government |
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Code, are amended to read as follows: |
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(a) A builder commits an offense if: |
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(1) the builder fails to provide proper notice in |
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accordance with Section 233.154(c) [Sections 233.154(b) and (c)]; |
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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 compliance with the applicable building |
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code standards. |
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(c) An individual who fails to provide proper notice in |
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accordance with Section 233.154(c) [Sections 233.154(b) and (c)] is |
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not subject to a penalty under this subsection if: |
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(1) the new residential construction is built by the |
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individual or the individual acts as the individual's own |
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contractor; and |
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(2) the individual intends to use the residence as the |
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individual's primary residence. |
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SECTION 10. Sections 233.154(b) and 233.157(d), Local |
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Government Code, are repealed. |
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SECTION 11. The changes in law made by this Act apply only |
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to new construction that commences on or after January 1, 2020. New |
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construction that commences before January 1, 2020, is governed by |
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the law in effect immediately before that date, and that law is |
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continued in effect for that purpose. |
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SECTION 12. This Act takes effect January 1, 2020. |