Bill Text: TX HB2040 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-14 - Effective on 9/1/17 [HB2040 Detail]
Download: Texas-2017-HB2040-Comm_Sub.html
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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-14 - Effective on 9/1/17 [HB2040 Detail]
Download: Texas-2017-HB2040-Comm_Sub.html
By: King of Parker (Senate Sponsor - Nichols) | H.B. No. 2040 | |
(In the Senate - Received from the House May 5, 2017; | ||
May 5, 2017, read first time and referred to Committee on Business & | ||
Commerce; May 15, 2017, reported favorably by the following vote: | ||
Yeas 9, Nays 0; May 15, 2017, sent to printer.) | ||
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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 [ |
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(1) the builder [ |
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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. | ||
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