Bill Text: TX HB3394 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to county building code standards for new residential construction; providing a penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-14 - Withdrawn from schedule [HB3394 Detail]
Download: Texas-2011-HB3394-Introduced.html
By: Oliveira | H.B. No. 3394 |
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relating to county building code standards for new residential | ||
construction; providing a penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 2. 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 | ||
actively and diligently enforces the municipality's adopted | ||
building code within its extraterritorial jurisdiction. | ||
(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 3. 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 4. 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 5. 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; and | ||
(2) issue the certificate of determination of | ||
inspection, if appropriate, not later than the 10th day after the | ||
date the determination is made. | ||
SECTION 6. 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 noncomplyinq | ||
conditions; and | ||
(4) recover actual expenses incurred by the owner of | ||
the 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. | ||
SECTION 7. 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 | ||
that the dwelling or unit was constructed before the effective date | ||
of this subchapter; or | ||
(1) 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; | ||
(2) the violation related to a building standard or | ||
building code for that dwelling or unit; and | ||
(3) the county: | ||
(A) did not make available to the person a grant | ||
or loan in an amount sufficient to cure the violation; or | ||
(B) 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 8. 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 a resolution under Section 233.153(a) and is | ||
enforcing the provisions of this subchapter. | ||
SECTION 9. (a) Except as provided by Subsection (b), this | ||
Act takes effect September 1, 2011. | ||
(b) A county is not required to adopt a resolution to be | ||
eligible for state money as required by Section 233.158, Local | ||
Government Code, as added by this Act, until September 1, 2012. |