Bill Text: TX HB2040 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to the building code standards for new residential construction in the unincorporated area of certain counties; affecting the prosecution of a criminal offense.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2017-06-14 - Effective on 9/1/17 [HB2040 Detail]

Download: Texas-2017-HB2040-Enrolled.html

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H.B. No. 2040

AN ACT
relating to the building code standards for new residential
construction in the unincorporated area of certain counties;
affecting the prosecution of a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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) 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)(2) and
(3).
SECTION 2. Section 233.157, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) A builder [person] commits an offense if:
(1) the builder [person] fails to provide proper
notice in accordance with 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.
(d) It is an affirmative defense to prosecution for failure
to submit proper notice under Section 233.154(c) if the builder's
failure to submit a notice is the result of the failure of the
person who performed the inspection to provide appropriate
documentation to the builder for submission to the county.
SECTION 3. The changes in law made by this Act apply only to
new residential construction that commences on or after September
1, 2017. New residential construction that commences before
September 1, 2017, is governed by the law in effect immediately
before that date, and that law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2040 was passed by the House on May 4,
2017, by the following vote: Yeas 128, Nays 16, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2040 was passed by the Senate on May
19, 2017, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor