88R4790 SGM-F
 
  By: Reynolds H.B. No. 2408
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to building codes applicable in the unincorporated areas
  of a county; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter F, Chapter 233, Local
  Government Code, is amended to read as follows:
  SUBCHAPTER F. [RESIDENTIAL] BUILDING CODE STANDARDS APPLICABLE TO
  UNINCORPORATED AREAS OF CERTAIN COUNTIES
         SECTION 2.  Section 233.151, Local Government Code, is
  amended to read as follows:
         Sec. 233.151.  DEFINITIONS. (a) In this subchapter:
               (1)  "New commercial construction" includes:
                     (A)  construction of a commercial building on a
  vacant lot; and
                     (B)  construction of an addition to or a
  renovation of an existing commercial building, if the addition or
  renovation will increase the square footage or value of the
  existing building by more than 50 percent.
               (2)  "New construction" means new commercial
  construction and new residential construction.
               (3)  "New [, "new] residential construction" includes:
                     (A)  [(1)  residential] construction of a
  single-family house, a [or] duplex, or other construction defined
  as a residential building by the International Residential Code on
  a vacant lot; and
                     (B) [(2)]  construction of an addition to or a
  renovation of an existing single-family house, a [or] duplex, or
  other construction defined as a residential building by the
  International Residential Code, if the addition or renovation will
  increase the square footage or value of the existing residential
  building by more than 50 percent.
         (b)  The term "new residential construction" does not
  include a structure that is constructed in accordance with Chapter
  1201, Occupations Code, or a modular home constructed in accordance
  with Chapter 1202, Occupations Code.
         (c)  For purposes of this section, "International
  Residential Code" means the International Residential Code as it
  existed on January 1, 2023.
         SECTION 3.  Section 233.153, Local Government Code, is
  amended by amending Subsections (a), (b), (d), and (f) and adding
  Subsections (b-1) and (g) to read as follows:
         (a)  Except as provided by Subsection (b-1), new [New]
  residential construction [of a single-family house or duplex] in
  the unincorporated area of a county to which this subchapter
  applies shall conform to the [version of the] International
  Residential Code as it existed on January 1, 2023 [published as of
  May 1, 2008, or the version of the International Residential Code
  that is applicable in the county seat of that county].
         (b)  Except as provided by Subsection (b-1), new commercial
  construction in the unincorporated area of a county to which this
  subchapter applies shall conform to the International Building Code
  as it existed on January 1, 2023 [Standards required under this
  subchapter apply only to new residential construction that begins
  after September 1, 2009].
         (b-1)  The commissioners court of a county may:
               (1)  adopt and apply a version of the International
  Residential Code or the International Building Code published after
  January 1, 2023, to new construction; or
               (2)  establish standards for new construction that
  exceed the standards of those codes.
         (d)  This subchapter may not be construed to:
               (1)  [require prior approval by the county before the
  beginning of new residential construction;
               [(2)]  authorize the commissioners court of a county to
  adopt or enforce zoning regulations; or
               (2) [(3)]  affect the application of the provisions of
  Subchapter B, Chapter 232, to land development.
         (f)  A county may [not] charge a fee to a person subject to
  standards under this subchapter to defray the costs of enforcing
  the standards.
         (g)  The commissioners court of a county may adopt rules
  necessary to administer and enforce the standards adopted under
  this subchapter.
         SECTION 4.  Subchapter F, Chapter 233, Local Government
  Code, is amended by adding Section 233.1535 to read as follows:
         Sec. 233.1535.  NOTICE AND PUBLIC COMMENT. (a) A
  commissioners court of a county shall publish notice of the
  proposed adoption of or amendment to a building code under this
  subchapter in a conspicuous location on the county's Internet
  website at least 30 days before the date of the adoption of or
  amendment to the building code.
         (b)  The commissioners court shall:
               (1)  as provided by Section 551.007, Government Code,
  allow public testimony regarding the adoption of or amendment to a
  building code under this subchapter before formal action is taken
  by the commissioners court; and
               (2)  make a reasonable effort to encourage public
  comment from persons affected by the adoption of or amendment to a
  building code under this subchapter.
         (c)  On the written request from five or more persons, the
  commissioners court of the county shall hold a public hearing open
  to public comment on the proposed adoption of or amendment to a
  building code under this subchapter. The hearing must be held on or
  before the 14th day before the date the commissioners court adopts
  or amends the building code.
         SECTION 5.  Section 233.154, Local Government Code, is
  amended by amending Subsections (a) and (c) and adding Subsections
  (a-1) and (a-2) to read as follows:
         (a)  A person who builds new [residential] construction
  [described by Section 233.153] shall have the construction
  inspected to ensure building code compliance in accordance with
  this section as follows:
               (1)  for new [residential] construction described by
  Section 233.151(a)(1)(A) or (3)(A) [on a vacant lot], a minimum of
  three inspections must be performed during the construction project
  to ensure code compliance, as applicable, at the following stages
  of construction:
                     (A)  the foundation stage, before the placement of
  concrete;
                     (B)  the framing and mechanical systems stage,
  before covering with drywall or other interior wall covering; and
                     (C)  on completion of construction of the
  residence or building; and
               (2)  for new [residential] construction [of an addition
  to an existing residence as] described by Section 233.151(a)(1)(B)
  or (3)(B) [233.151(a)(2)], the inspections under Subdivision (1)
  must be performed as necessary based on the scope of work of the
  construction project.
         (a-1)  A county may employ a building inspector certified by
  the International Code Council to review construction plans and
  inspect new construction or shall require[; and
               [(3)  for new residential construction on a vacant lot
  and for construction of an addition to an existing residence, the
  builder]:
               (1)  the builder of new residential construction to
  contract for inspection [(A) is responsible for contracting to
  perform the inspections required by this subsection] with:
                     (A) [(i)]  a licensed engineer;
                     (B) [(ii)]  a registered architect;
                     (C) [(iii)  a professional inspector licensed by
  the Texas Real Estate Commission;
                           [(iv)]  a plumbing inspector employed by a
  municipality and licensed by the Texas State Board of Plumbing
  Examiners;
                     (D) [(v)]  a building inspector employed by a
  political subdivision; or
                     (E) [(vi)]  an individual certified as a
  residential combination inspector by the International Code
  Council; or
               (2)  the general contractor for new commercial
  construction to contract for inspection with:
                     (A)  a licensed engineer;
                     (B)  a registered architect;
                     (C)  a certified building inspector employed by a
  political subdivision; or
                     (D)  an inspector certified by the International
  Code Council as a commercial building inspector, commercial
  electrical inspector, commercial mechanical inspector, or
  commercial plumbing inspector.
         (a-2)  A builder or general contractor [and
                     [(B)]  may use the same inspector for all the
  required inspections or a different inspector for each required
  inspection under Subsection (a) if the builder or general
  contractor contracts for the inspection.
         (c)  If required by the county for new residential
  construction, not later than the 10th day after the date of the
  final inspection under this section, the builder shall submit
  notice of the inspection stating whether or not the inspection
  showed compliance with the building code standards applicable to
  that phase of construction in a form required by the county to:
               (1)  the county employee, department, or agency
  designated by the commissioners court of the county to receive the
  information; and
               (2)  the person for whom the new residential
  construction is being built, if different from the builder.
         SECTION 6.  Section 233.155, Local Government Code, is
  amended to read as follows:
         Sec. 233.155.  ENFORCEMENT OF STANDARDS. (a)  If proper
  notice for new residential construction is not submitted in
  accordance with Section 233.154(c) [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
               (2) [(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)(1)
  [(a)(2)] and (2) [(3)].
         SECTION 7.  Sections 233.157(a) and (c), Local Government
  Code, are amended to read as follows:
         (a)  A builder commits an offense if:
               (1)  the builder fails to provide proper notice in
  accordance with Section 233.154(c) [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.
         (c)  An individual who fails to provide proper notice in
  accordance with Section 233.154(c) [Sections 233.154(b) and (c)] is
  not subject to a penalty under this section [subsection] if:
               (1)  the new residential construction is built by the
  individual or the individual acts as the individual's own
  contractor; and
               (2)  the individual intends to use the residence as the
  individual's primary residence.
         SECTION 8.  Sections 233.154(b) and 233.157(d), Local
  Government Code, are repealed.
         SECTION 9.  Subchapter F, Chapter 233, Local Government
  Code, as amended by this Act, applies only to new construction that
  commences on or after the effective date of this Act. New
  construction that commences before the effective date of this Act
  is governed by the law in effect immediately before that date, and
  that law is continued in effect for that purpose.
         SECTION 10.  Section 233.157, Local Government Code, as
  amended by this Act, applies only to an offense committed on or
  after the effective date of this Act. An offense committed before
  the effective date of this Act is governed by the law in effect on
  the date the offense was committed, and the former law is continued
  in effect for that purpose. For purposes of this section, an
  offense was committed before the effective date of this Act if any
  element of the offense occurred before that date.
         SECTION 11.  This Act takes effect January 1, 2024.