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A BILL TO BE ENTITLED
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AN ACT
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relating to county building code standards for new residential |
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construction; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 233.151, Local Government Code, is |
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amended to read as follows: |
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Sec. 233.151. DEFINITIONS. (a) In this subchapter: |
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(1) "New[, "new] residential construction" includes:
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(A) [(1) residential] construction of a
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residential dwelling [single-family house or duplex] on a vacant
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lot; and |
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(B) [(2)] construction of an addition to an
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existing residential dwelling or unit of a residential dwelling
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[single-family house or duplex], if the addition will increase the
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square footage or value of the existing residential dwelling or |
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unit, as applicable, [building] by more than 50 percent.
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(2) "Residential dwelling" means a building |
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containing one to three individual units to be occupied for |
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residential purposes by one or more individuals and includes a |
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single-family dwelling, duplex, or triplex. |
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(b) The term "new residential construction" does not
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include a structure that is constructed in accordance with Chapter |
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1201, Occupations Code, or a modular home constructed in accordance |
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with Chapter 1202, Occupations Code. |
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SECTION 2. Section 233.153, Local Government Code, is |
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amended to read as follows: |
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Sec. 233.153. BUILDING CODE STANDARDS APPLICABLE. (a) The |
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commissioners court of a county by order may require new [New]
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residential construction [of a single-family house or duplex] in
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the unincorporated area of the [a] county to [which this subchapter |
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applies shall] conform to the version of the International
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Residential Code published as of May 1, 2008, or the version of the |
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International Residential Code that is applicable in the county |
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seat of that county. |
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(b) Standards required under this subchapter apply only to |
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new residential construction that begins after September 1, 2011
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[2009].
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(c) If a municipality located within a county to which this |
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subchapter applies has adopted a building code in the |
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municipality's extraterritorial jurisdiction, the building code |
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adopted by the municipality controls and building code standards |
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under this subchapter have no effect in the municipality's |
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extraterritorial jurisdiction, provided that the municipality |
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actively and diligently enforces the municipality's adopted |
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building code within its extraterritorial jurisdiction.
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(d) This subchapter may not be construed to: |
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(1) [require prior approval by the county before the |
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beginning of new residential construction; |
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[(2)] authorize the commissioners court of a county to
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adopt or enforce zoning regulations; or |
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(2) [(3)] affect the application of the provisions of
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Subchapter B, Chapter 232, to land development. |
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(e) In the event of a conflict between this subchapter and |
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Subchapter B, Chapter 232, the more stringent requirements
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[provisions of Subchapter B, Chapter 232,] control.
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[(f) A county may not charge a fee to a person subject to |
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standards under this subchapter to defray the costs of enforcing |
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the standards.]
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SECTION 3. Subchapter F, Chapter 233, Local Government |
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Code, is amended by adding Section 233.1531 to read as follows: |
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Sec. 233.1531. BUILDING PERMITS. (a) The commissioners |
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court of a county to which this subchapter applies may, by order, |
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establish a building permit requirement to promote safe and uniform |
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building, plumbing, and electrical standards and to enforce the |
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building codes the county has adopted. If a commissioners court |
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adopts an order to establish a building permit requirement, the |
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county shall establish a mechanism by which the county issues a |
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building permit if the person submitting the application for the |
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permit: |
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(1) files information relating to the location of the |
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residence; |
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(2) files the building plans for the residence; and |
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(3) complies with the applicable regulations relating |
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to the issuance of the permit. |
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(b) A county may adopt rules it considers necessary to |
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administer its duties under this section and charge a reasonable |
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fee, not to exceed $500 per application, to defray the costs of |
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administering its duties under this section. |
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(c) The county shall deposit fees collected under this |
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section in an account in its general fund and dedicate the fees to |
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the building permit program. The funds in the account may be used |
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only for the purpose of administering the building permit program. |
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SECTION 4. Section 233.154(a), Local Government Code, is |
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amended to read as follows: |
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(a) A person who builds new residential construction |
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[described by Section 233.153] shall have the construction
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inspected to ensure building code compliance in accordance with |
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this section as follows: |
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(1) for new residential construction on a vacant lot, |
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the following [a minimum of three] inspections must be performed
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during the construction project to ensure code compliance, as |
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applicable, at the following stages of construction: |
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(A) the foundation stage, including [before] the
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placement of concrete; |
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(B) the framing, electrical, plumbing, and
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mechanical systems stage, before covering with drywall or other |
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interior wall covering; and |
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(C) on completion of the new residential
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construction [of the residence];
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(2) for new residential construction of an addition to |
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an existing residential dwelling [residence] as described by
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Section 233.151(a)(1)(B) [233.151(a)(2)], the inspections under
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Subdivision (1) must be performed as necessary based on the scope of |
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work of the construction project; and |
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(3) for new residential construction on a vacant lot |
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and for construction of an addition to an existing residential |
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dwelling [residence], the builder:
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(A) is responsible for contracting to perform the |
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inspections required by this subsection with an inspector certified |
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by the International Code Council in the discipline[: |
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[(i) a licensed engineer; |
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[(ii) a registered architect; |
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[(iii) a professional inspector licensed by |
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the Texas Real Estate Commission; |
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[(iv) a plumbing inspector employed by a |
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municipality and licensed by the Texas State Board of Plumbing |
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Examiners; |
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[(v) a building inspector employed by a |
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political subdivision; or |
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[(vi) an individual certified as a |
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residential combination inspector by the International Code |
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Council]; and
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(B) may use the same inspector for all the |
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required inspections or a different inspector for each required |
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inspection. |
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SECTION 5. Subchapter F, Chapter 233, Local Government |
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Code, is amended by adding Section 233.1541 to read as follows: |
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Sec. 233.1541. OCCUPANCY OF RESIDENCE; CONNECTION OF |
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UTILITIES. (a) A utility may not serve or connect a residential |
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dwelling or unit of a residential dwelling with water, sewer, |
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electricity, or gas service unless the entity receives a |
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determination from the commissioners court that the residential |
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dwelling or unit: |
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(1) has been inspected in accordance with this |
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subchapter; |
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(2) has passed all inspections required by this |
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subchapter; and |
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(3) complies with applicable on-site sewage |
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regulations. |
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(b) The commissioners court shall: |
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(1) make the determination under Subsection (a) not |
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later than the 20th regular business day after the date it receives |
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a request for a determination; and |
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(2) issue the certificate of determination of |
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inspection, if appropriate, not later than the 10th day after the |
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date the determination is made. |
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SECTION 6. Section 233.155, Local Government Code, is |
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amended to read as follows: |
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Sec. 233.155. ENFORCEMENT OF STANDARDS. (a) If proper
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notice is not submitted in accordance with Sections 233.154(b) and |
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(c), the county may take any or all of the following actions: |
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(1) refer the inspector to the appropriate regulatory |
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authority for discipline; |
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(2) in a suit brought by the appropriate attorney |
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representing the county in the district court, obtain appropriate |
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injunctive relief to prevent a violation or threatened violation of |
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a standard or notice required under this subchapter from continuing |
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or occurring; or |
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(3) refer the builder for prosecution under Section |
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233.157. |
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(b) The attorney general, or the district attorney, |
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criminal district attorney, county attorney with felony |
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responsibility, or county attorney of the county may take any |
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action necessary in a court of competent jurisdiction on behalf of |
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the state or on behalf of residents to: |
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(1) enjoin the violation or threatened violation of a |
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requirement of this subchapter or an order, rule, or standard |
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adopted by the commissioners court under this subchapter; |
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(2) recover civil or criminal penalties, attorney's |
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fees, litigation costs, and investigative costs; |
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(3) require correction of the noncomplyinq |
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conditions; and |
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(4) recover actual expenses incurred by the owner of |
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the dwelling as a result of the failure to build in accordance with |
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the adopted standards or take corrective actions. |
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(c) The attorney general, at the request of the district or |
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county attorney with jurisdiction, may conduct a criminal |
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prosecution under Section 233.157 |
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(d) During the pendency of any enforcement action brought, |
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any resident of an affected residential dwelling, or the attorney |
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general, district attorney, or county attorney on behalf of the |
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resident, may file a motion against the provider of utilities to |
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halt termination of pre-existing utility services. The services |
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may not be terminated if the court makes an affirmative finding |
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after hearing the motion that termination poses a threat to public |
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health, safety, or welfare of the resident. |
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SECTION 7. Section 233.157, Local Government Code, is |
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amended to read as follows: |
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Sec. 233.157. OFFENSES; PENALTY; EXCEPTION. (a) A person
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commits an offense if the person fails to provide proper notice in |
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accordance with Section 233.154 [Sections 233.154(b) and (c)].
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(b) A person commits an offense if the person violates a |
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rule or order adopted under this subchapter. |
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(c) A person commits an offense if the person constructs new |
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residential construction that does not comply with a standard |
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adopted under this subchapter. |
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(d) Except as provided by Subsection (e), an [An] offense
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under this section is a Class C misdemeanor. |
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(e) If it is shown at trial of an offense that the defendant |
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has previously been convicted of an offense three or more times |
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under this subchapter, the offense is a Class B misdemeanor. |
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(f) Venue for prosecution for a violation under this section |
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is in the county in which any element of the violation is alleged to |
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have occurred or in Travis County. |
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(g) It is an exception to the application of this section |
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that the dwelling or unit was constructed before the effective date |
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of this subchapter; or |
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(1) the person is an owner-occupant of a residential |
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dwelling or unit of a residential dwelling that is classified by the |
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Texas Department of Housing and Community Affairs as a low-income |
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household; |
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(2) the violation related to a building standard or |
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building code for that dwelling or unit; and |
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(3) the county: |
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(A) did not make available to the person a grant |
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or loan in an amount sufficient to cure the violation; or |
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(B) made available to the person a loan that was |
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sufficient to cure the violation but that caused the housing |
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expenses of the person to exceed 30 percent of the person's net |
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income. |
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[(c) An individual who fails to provide proper notice in |
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accordance with Sections 233.154(b) and (c) is not subject to a |
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penalty under this subsection if: |
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[(1) the new residential construction is built by the |
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individual or the individual acts as the individual's own |
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contractor; and |
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[(2) the individual intends to use the residence as |
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the individual's primary residence.]
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SECTION 8. Subchapter F, Chapter 233, Local Government |
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Code, is amended by adding Section 233.158 to read as follows: |
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Sec. 233.158. PROHIBITION ON USE OF STATE MONEY TO |
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REMEDIATE OR SUBSIDIZE SUBSTANDARD HOUSING. A county may not apply |
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for or receive state money to remediate or mitigate deficiencies in |
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substandard housing that are associated with new residential |
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construction commenced on or after September 1, 2011, unless the |
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county has adopted a resolution under Section 233.153(a) and is |
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enforcing the provisions of this subchapter. |
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SECTION 9. (a) Except as provided by Subsection (b), this |
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Act takes effect September 1, 2011. |
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(b) A county is not required to adopt a resolution to be |
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eligible for state money as required by Section 233.158, Local |
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Government Code, as added by this Act, until September 1, 2012. |