Bill Text: TX HB1604 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the regulation of land development, including county building code standards for new residential construction, and sales in certain counties and municipalities; providing penalties.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2011-05-21 - Committee report printed and distributed [HB1604 Detail]
Download: Texas-2011-HB1604-Comm_Sub.html
Bill Title: Relating to the regulation of land development, including county building code standards for new residential construction, and sales in certain counties and municipalities; providing penalties.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2011-05-21 - Committee report printed and distributed [HB1604 Detail]
Download: Texas-2011-HB1604-Comm_Sub.html
By: Guillen, Raymond (Senate Sponsor - Lucio) | H.B. No. 1604 | |
(In the Senate - Received from the House May 6, 2011; | ||
May 9, 2011, read first time and referred to Committee on | ||
International Relations and Trade; May 21, 2011, reported | ||
adversely, with favorable Committee Substitute by the following | ||
vote: Yeas 4, Nays 0; May 21, 2011, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 1604 | By: Lucio |
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relating to the regulation of land development, including county | ||
building code standards for new residential construction, and sales | ||
in certain counties and municipalities; providing penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The purpose of the changes to Section 232.037, | ||
Local Government Code, is to allow the state and certain counties to | ||
be affected parties in claims against unscrupulous developers who | ||
violate subdivision platting requirements under Subchapter B, | ||
Chapter 232, Local Government Code, because the state and counties | ||
may reasonably be expected to mitigate or ameliorate the conditions | ||
created by those developers. | ||
SECTION 2. Section 232.0031, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 232.0031. STANDARD FOR ROADS IN SUBDIVISION. A county | ||
may not impose under Section 232.003 a higher standard for streets | ||
or roads in a subdivision than the county imposes on itself for the | ||
construction of new streets or roads with a similar type and amount | ||
of traffic. | ||
SECTION 3. Section 232.022(d), Local Government Code, is | ||
amended to read as follows: | ||
(d) This subchapter does not apply if: | ||
(1) all [ |
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(2) restrictions are included in each deed that | ||
prohibit each lot from being further subdivided into lots intended | ||
to be used for residential purposes and notice of the restrictions | ||
are included in each recorded plat. | ||
SECTION 4. Section 232.023, Local Government Code, is | ||
amended by amending Subsection (a) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) A subdivider of land must have a plat of the subdivision | ||
prepared if at least one of the lots of the subdivision is five | ||
acres or less. A commissioners court by order may require each | ||
subdivider of land to prepare a plat if at least one of the lots of a | ||
subdivision is more than five acres but not more than 10 acres. | ||
(a-1) A subdivision of a tract under this section | ||
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of conveyance, including a contract for deed, oral contract, | ||
contract of sale, or other type of executory contract, regardless | ||
of whether the subdivision is made by using a metes and bounds | ||
description. | ||
SECTION 5. Subchapter B, Chapter 232, Local Government | ||
Code, is amended by adding Section 232.0315 to read as follows: | ||
Sec. 232.0315. NOTICE OF WATER AND WASTEWATER REQUIREMENTS | ||
BY COUNTIES. (a) This section applies only to a county that sells: | ||
(1) under Section 34.01, Tax Code, real property | ||
presumed to be for residential use under Section 232.022; or | ||
(2) under Section 3, Part VI, Texas Rules of Civil | ||
Procedure, and Chapter 34, Civil Practice and Remedies Code, real | ||
property presumed to be for residential use under Section 232.022, | ||
taken by virtue of a writ of execution. | ||
(b) A county shall include in the public notice of sale of | ||
the property and the deed conveying the property a statement | ||
substantially similar to the following: | ||
"THIS SALE IS BEING CONDUCTED PURSUANT TO STATUTORY OR | ||
JUDICIAL REQUIREMENTS. ______ (NAME OF COUNTY) AND THE SHERIFF'S | ||
DEPARTMENT ARE ACTING ONLY AS CONDUITS OF INFORMATION. BIDDERS | ||
WILL BID ON THE RIGHTS, TITLE, AND INTERESTS, IF ANY, IN THE REAL | ||
PROPERTY OFFERED. | ||
"THE PROPERTY IS SOLD AS IS, WHERE IS, AND WITHOUT ANY | ||
WARRANTY, EITHER EXPRESS OR IMPLIED. NEITHER THE COUNTY NOR THE | ||
SHERIFF'S DEPARTMENT WARRANTS OR MAKES ANY REPRESENTATIONS ABOUT | ||
THE PROPERTY'S TITLE, CONDITION, HABITABILITY, MERCHANTABILITY, OR | ||
FITNESS FOR A PARTICULAR PURPOSE. BUYERS ASSUME ALL RISKS. | ||
"IN SOME SITUATIONS, A LOT OF FIVE ACRES OR LESS IS PRESUMED | ||
TO BE INTENDED FOR RESIDENTIAL USE. HOWEVER, IF THE PROPERTY LACKS | ||
WATER OR WASTEWATER SERVICE, THE PROPERTY MAY NOT QUALIFY FOR | ||
RESIDENTIAL USE. A POTENTIAL BUYER WHO WOULD LIKE MORE INFORMATION | ||
SHOULD MAKE ADDITIONAL INQUIRIES OR CONSULT WITH PRIVATE COUNSEL." | ||
(c) The statement required by Subsection (b) must be: | ||
(1) printed: | ||
(A) in accordance with the language requirements | ||
of Section 232.025; and | ||
(B) in 14-point boldface type or 14-point | ||
uppercase typewritten letters; and | ||
(2) read aloud at the sale, in accordance with the | ||
language requirements of Section 232.025, by an agent of the | ||
county. | ||
(d) A sale conducted in violation of this section is void. | ||
SECTION 6. Section 232.037, Local Government Code, is | ||
amended by amending Subsection (a) and adding Subsection (e) to | ||
read as follows: | ||
(a) The attorney general, or the district attorney, | ||
criminal district attorney, county attorney with felony | ||
responsibilities, or county attorney of the county may take any | ||
action necessary in a court of competent jurisdiction on behalf of | ||
the state, an affected county subject to this subchapter, or | ||
affected [ |
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(1) enjoin the violation or threatened violation of | ||
the model rules adopted under Section 16.343, Water Code; | ||
(2) enjoin the violation or threatened violation of a | ||
requirement of this subchapter or a rule adopted by the | ||
commissioners court under this subchapter; | ||
(3) recover civil or criminal penalties, attorney's | ||
fees, litigation costs, and investigation costs; [ |
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(4) require platting or replatting under Section | ||
232.040; | ||
(5) recover funds paid to the subdivider or an agent of | ||
the subdivider, with interest; | ||
(6) freeze the assets of the subdivider or an agent of | ||
the subdivider; and | ||
(7) void or rescind contracts. | ||
(e) If the state or a county is a party to the claim, funds | ||
recovered under Subsection (a)(5) must be divided between the | ||
affected residents and the governmental entity or entities, with 50 | ||
percent of the recovery to be paid to the affected residents and the | ||
other 50 percent to be paid to the governmental entity or entities. | ||
Multiple governmental entities that are party to the claim must | ||
divide money received under this subsection equally among the | ||
entities. | ||
SECTION 7. Section 232.072, Local Government Code, is | ||
amended by amending Subsection (a) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) The owner of a tract of land that divides the tract in | ||
any manner that creates lots of five acres or less intended for | ||
residential purposes must have a plat of the subdivision prepared. | ||
A commissioners court by order may require each subdivider of land | ||
to prepare a plat if at least one of the lots of a subdivision is | ||
more than five acres but not more than 10 acres. | ||
(a-1) A subdivision of a tract under this section includes a | ||
subdivision of real property by any method of conveyance, including | ||
a contract for deed, oral contract, contract of sale, or other type | ||
of executory contract, regardless of whether the subdivision is | ||
made by using a metes and bounds description. | ||
SECTION 8. Subchapter C, Chapter 232, Local Government | ||
Code, is amended by adding Section 232.0805 to read as follows: | ||
Sec. 232.0805. SUIT BY PRIVATE PERSON IN ECONOMICALLY | ||
DISTRESSED AREA. A person who has purchased or is purchasing a lot | ||
in a subdivision for residential purposes that does not have water | ||
and sewer services as required by this subchapter and is located in | ||
an economically distressed area, as defined by Section 17.921, | ||
Water Code, from a subdivider may bring suit in the district court | ||
in which the property is located or in a district court in Travis | ||
County to: | ||
(1) declare the sale of the property void, require the | ||
subdivider to return the purchase price of the property, and | ||
recover from the subdivider: | ||
(A) the market value of any permanent | ||
improvements the person placed on the property; | ||
(B) actual expenses incurred as a direct result | ||
of the failure to provide adequate water and sewer facilities; | ||
(C) court costs; and | ||
(D) reasonable attorney's fees; or | ||
(2) enjoin a violation or threatened violation of | ||
Section 232.072, require the subdivider to plat or amend or replat | ||
an existing plat under Section 232.011 or 232.081, and recover from | ||
the subdivider: | ||
(A) actual expenses incurred as a direct result | ||
of the failure to provide adequate water and sewer facilities; | ||
(B) court costs; and | ||
(C) reasonable attorney's fees. | ||
SECTION 9. Section 233.151, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 233.151. DEFINITIONS. (a) In this subchapter: | ||
(1) "New[ |
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(A) [ |
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residential dwelling [ |
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lot; and | ||
(B) [ |
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existing residential dwelling or unit of a residential dwelling | ||
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square footage or value of the existing residential dwelling or | ||
unit, as applicable, [ |
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(2) "Residential dwelling" means a building | ||
containing one to three individual units to be occupied for | ||
residential purposes by one or more individuals and includes a | ||
single-family dwelling, duplex, or triplex. | ||
(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. | ||
SECTION 10. Section 233.153, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 233.153. BUILDING CODE STANDARDS APPLICABLE. (a) The | ||
commissioners court of a county by order may require new [ |
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residential construction [ |
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the unincorporated area of the [ |
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Residential Code 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) Standards required under this subchapter apply only to | ||
new residential construction that begins after September 1, 2011 | ||
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(c) If a municipality located within a county to which this | ||
subchapter applies has adopted a building code in the | ||
municipality's extraterritorial jurisdiction, the building code | ||
adopted by the municipality controls and building code standards | ||
under this subchapter have no effect in the municipality's | ||
extraterritorial jurisdiction, provided that the municipality: | ||
(1) actively and diligently enforces the | ||
municipality's adopted building code within its extraterritorial | ||
jurisdiction; and | ||
(2) establishes a process to inform utilities | ||
providing service in the municipality's extraterritorial | ||
jurisdiction of the prevailing building code. | ||
(d) This subchapter may not be construed to: | ||
(1) [ |
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adopt or enforce zoning regulations; or | ||
(2) [ |
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Subchapter B, Chapter 232, to land development. | ||
(e) In the event of a conflict between this subchapter and | ||
Subchapter B, Chapter 232, the more stringent requirements | ||
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SECTION 11. Subchapter F, Chapter 233, Local Government | ||
Code, is amended by adding Section 233.1531 to read as follows: | ||
Sec. 233.1531. BUILDING PERMITS. (a) The commissioners | ||
court of a county to which this subchapter applies may, by order, | ||
establish a building permit requirement to promote safe and uniform | ||
building, plumbing, and electrical standards and to enforce the | ||
building codes the county has adopted. If a commissioners court | ||
adopts an order to establish a building permit requirement, the | ||
county shall establish a mechanism by which the county issues a | ||
building permit if the person submitting the application for the | ||
permit: | ||
(1) files information relating to the location of the | ||
residence; | ||
(2) files the building plans for the residence; and | ||
(3) complies with the applicable regulations relating | ||
to the issuance of the permit. | ||
(b) A county may adopt rules it considers necessary to | ||
administer its duties under this section and charge a reasonable | ||
fee, not to exceed $500 per application, to defray the costs of | ||
administering its duties under this section. | ||
(c) The county shall deposit fees collected under this | ||
section in an account in its general fund and dedicate the fees to | ||
the building permit program. The funds in the account may be used | ||
only for the purpose of administering the building permit program. | ||
SECTION 12. Section 233.154(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) A person who builds new residential construction | ||
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inspected to ensure building code compliance in accordance with | ||
this section as follows: | ||
(1) for new residential construction on a vacant lot, | ||
the following [ |
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during the construction project to ensure code compliance, as | ||
applicable, at the following stages of construction: | ||
(A) the foundation stage, including [ |
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placement of concrete; | ||
(B) the framing, electrical, plumbing, and | ||
mechanical systems stage, before covering with drywall or other | ||
interior wall covering; and | ||
(C) on completion of the new residential | ||
construction [ |
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(2) for new residential construction of an addition to | ||
an existing residential dwelling [ |
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Section 233.151(a)(1)(B) [ |
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Subdivision (1) must be performed as necessary based on the scope of | ||
work of the construction project; and | ||
(3) for new residential construction on a vacant lot | ||
and for construction of an addition to an existing residential | ||
dwelling [ |
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(A) is responsible for contracting to perform the | ||
inspections required by this subsection with an inspector certified | ||
by the International Code Council in the discipline[ |
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(B) may use the same inspector for all the | ||
required inspections or a different inspector for each required | ||
inspection. | ||
SECTION 13. Subchapter F, Chapter 233, Local Government | ||
Code, is amended by adding Section 233.1541 to read as follows: | ||
Sec. 233.1541. OCCUPANCY OF RESIDENCE; CONNECTION OF | ||
UTILITIES. (a) A utility may not serve or connect a residential | ||
dwelling or unit of a residential dwelling with water, sewer, | ||
electricity, or gas service unless the entity receives a | ||
determination from the commissioners court that the residential | ||
dwelling or unit: | ||
(1) has been inspected in accordance with this | ||
subchapter; | ||
(2) has passed all inspections required by this | ||
subchapter; and | ||
(3) complies with applicable on-site sewage | ||
regulations. | ||
(b) The commissioners court shall: | ||
(1) make the determination under Subsection (a) not | ||
later than the 20th regular business day after the date it receives | ||
a request for a determination; | ||
(2) issue the certificate of determination of | ||
inspection, if appropriate, not later than the 10th day after the | ||
date the determination is made; and | ||
(3) provide a certificate of occupancy, or other | ||
relevant authorizing certificate, to a utility as proof of | ||
compliance with required building codes. | ||
SECTION 14. 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) The attorney general, or the district attorney, | ||
criminal district attorney, county attorney with felony | ||
responsibility, or county attorney of the county may take any | ||
action necessary in a court of competent jurisdiction on behalf of | ||
the state or on behalf of residents to: | ||
(1) enjoin the violation or threatened violation of a | ||
requirement of this subchapter or an order, rule, or standard | ||
adopted by the commissioners court under this subchapter; | ||
(2) recover civil or criminal penalties, attorney's | ||
fees, litigation costs, and investigative costs; | ||
(3) require correction of the noncomplying | ||
conditions; and | ||
(4) recover actual expenses incurred by the owner of | ||
the residential dwelling as a result of the failure to build in | ||
accordance with the adopted standards or take corrective actions. | ||
(c) The attorney general, at the request of the district or | ||
county attorney with jurisdiction, may conduct a criminal | ||
prosecution under Section 233.157. | ||
(d) During the pendency of any enforcement action brought, | ||
any resident of an affected residential dwelling, or the attorney | ||
general, district attorney, or county attorney on behalf of the | ||
resident, may file a motion against the provider of utilities to | ||
halt termination of pre-existing utility services. The services | ||
may not be terminated if the court makes an affirmative finding | ||
after hearing the motion that termination poses a threat to public | ||
health, safety, or welfare of the resident. | ||
(e) This section does not prohibit a utility from | ||
disconnecting service without prior notice when a known dangerous | ||
condition exists for as long as the condition exists. A disconnect | ||
without notice shall be performed pursuant to rules approved by the | ||
appropriate regulatory authority. | ||
SECTION 15. Section 233.157, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 233.157. OFFENSES; PENALTY; EXCEPTION. (a) A person | ||
commits an offense if the person fails to provide proper notice in | ||
accordance with Section 233.154 [ |
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(b) A person commits an offense if the person violates a | ||
rule or order adopted under this subchapter. | ||
(c) A person commits an offense if the person constructs new | ||
residential construction that does not comply with a standard | ||
adopted under this subchapter. | ||
(d) Except as provided by Subsection (e), an [ |
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under this section is a Class C misdemeanor. | ||
(e) If it is shown at trial of an offense that the defendant | ||
has previously been convicted of an offense three or more times | ||
under this subchapter, the offense is a Class B misdemeanor. | ||
(f) Venue for prosecution for a violation under this section | ||
is in the county in which any element of the violation is alleged to | ||
have occurred or in Travis County. | ||
(g) It is an exception to the application of this section: | ||
(1) that the residential dwelling or unit was | ||
constructed before the effective date of this subchapter; or | ||
(2) that: | ||
(A) the person is an owner-occupant of a | ||
residential dwelling or unit of a residential dwelling that is | ||
classified by the Texas Department of Housing and Community Affairs | ||
as a low-income household; | ||
(B) the violation related to a building standard | ||
or building code for that dwelling or unit; and | ||
(C) the county: | ||
(i) did not make available to the person a | ||
grant or loan in an amount sufficient to cure the violation; or | ||
(ii) made available to the person a loan | ||
that was sufficient to cure the violation but that caused the | ||
housing expenses of the person to exceed 30 percent of the person's | ||
net income. | ||
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SECTION 16. Subchapter F, Chapter 233, Local Government | ||
Code, is amended by adding Section 233.158 to read as follows: | ||
Sec. 233.158. PROHIBITION ON USE OF STATE MONEY TO | ||
REMEDIATE OR SUBSIDIZE SUBSTANDARD HOUSING. A county may not apply | ||
for or receive state money to remediate or mitigate deficiencies in | ||
substandard housing that are associated with new residential | ||
construction commenced on or after September 1, 2011, unless the | ||
county has adopted an order under Section 233.153(a) and is | ||
enforcing the provisions of this subchapter. | ||
SECTION 17. Section 16.343(g), Water Code, is amended to | ||
read as follows: | ||
(g) Before an application for funds under Section 15.407 or | ||
Subchapter P, Chapter 15, or Subchapter K, Chapter 17, may be | ||
considered by the board, if the area for which the funds are | ||
proposed to be used is located: | ||
(1) in a municipality, the municipality must adopt and | ||
enforce the model rules pursuant to this section; | ||
(2) in the extraterritorial jurisdiction of a | ||
municipality, the applicant must demonstrate that the model rules | ||
have been adopted and are enforced in the extraterritorial | ||
jurisdiction by either the municipality or the county; or | ||
(3) outside the extraterritorial jurisdiction of a | ||
municipality: | ||
(A) the county must adopt and enforce the model | ||
rules pursuant to this section; and | ||
(B) the applicant must demonstrate that the | ||
county has complied with Paragraph (A) [ |
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SECTION 18. Section 232.0315, Local Government Code, as | ||
added by this Act, applies only to a sale for which public notice is | ||
required on or after the effective date of this Act. A sale for | ||
which public notice is required before the effective date of this | ||
Act is covered by the law in effect when the public notice was | ||
provided, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 19. The changes in law made by this Act to Sections | ||
232.022, 232.023, and 232.072, Local Government Code, apply only to | ||
a subdivision plat application submitted for approval on or after | ||
the effective date of this Act. A subdivision plat application | ||
submitted for approval before the effective date of this Act is | ||
governed by the law in effect when the application was submitted, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 20. A county is not required to adopt an order to be | ||
eligible for state money as required by Section 233.158, Local | ||
Government Code, as added by this Act, until September 1, 2012. | ||
SECTION 21. This Act takes effect September 1, 2011. | ||
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