Bill Text: TX SB1363 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to county and municipal land development regulations; providing a penalty.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2011-05-13 - Not again placed on intent calendar [SB1363 Detail]
Download: Texas-2011-SB1363-Comm_Sub.html
By: Lucio | S.B. No. 1363 | |
(In the Senate - Filed March 9, 2011; March 22, 2011, read | ||
first time and referred to Committee on International Relations and | ||
Trade; April 6, 2011, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 4, Nays 0; April 6, 2011, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1363 | By: Lucio |
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relating to county and municipal land development regulations; | ||
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 the effective date | ||
of the commissioners court order [ |
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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. Subsection (a), Section 233.154, 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 on | ||
behalf of the state or on behalf of residents, as applicable, to: | ||
(1) enjoin the violation or threatened violation of a | ||
requirement of this subchapter or an order, rule, or standard | ||
adopted by a 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 preexisting 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 the 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 of 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 of a | ||
residential dwelling was constructed before the effective date of | ||
the commissioners court order under Section 233.153(a); 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 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. Chapter 242, Local Government Code, is amended | ||
by adding Subchapter B to read as follows: | ||
SUBCHAPTER B. DEVELOPMENT REGULATIONS IN CERTAIN COUNTIES AND | ||
MUNICIPALITIES | ||
Sec. 242.051. APPLICABILITY. This subchapter applies only | ||
to: | ||
(1) a county that includes territory located within 50 | ||
miles of an international border; or | ||
(2) a municipality located in that county if: | ||
(A) the county does not exercise in the | ||
municipality's extraterritorial jurisdiction the authority | ||
described by this subchapter; and | ||
(B) the county by resolution authorizes the | ||
municipality to exercise in the municipality's extraterritorial | ||
jurisdiction the authority described by this subchapter. | ||
Sec. 242.052. REGULATORY AUTHORITY. (a) The | ||
commissioners court of a county to which this subchapter applies | ||
may, by order, regulate residential land development in the | ||
unincorporated area of the county. The governing body of a | ||
municipality to which this subchapter applies may, by ordinance, | ||
regulate residential land development in the municipality's | ||
extraterritorial jurisdiction. By this authority, the | ||
commissioners court or governing body may prevent the proliferation | ||
of colonias by: | ||
(1) adopting regulations relating to: | ||
(A) maximum densities, including the size of | ||
lots; | ||
(B) the height, number of stories, size, or | ||
number of buildings or other structures that may be located on a lot | ||
or tract; | ||
(C) the location of buildings and other | ||
structures on a lot or tract; and | ||
(D) the preparation of a plan for utility | ||
development, environmental effect and adaptation, utility | ||
extension, and capacity planning and providing financial analysis | ||
of said plan; and | ||
(2) adopting and enforcing building codes as | ||
authorized for counties under Subchapter F, Chapter 233, to promote | ||
safe and uniform building, plumbing, and electrical standards. | ||
(b) If a tract of land is appraised as agricultural or | ||
open-space land by the appraisal district, the commissioners court | ||
or governing body may not regulate land development on that tract | ||
under the authority granted by Subsection (a)(1)(B), (a)(1)(C), or | ||
(a)(2). | ||
(c) The authority granted under this section does not | ||
authorize the commissioners court or governing body to adopt an | ||
order regulating commercial property that is uninhabitable. | ||
(d) The authority granted under this section does not | ||
authorize the commissioners court or governing body to adopt an | ||
order that limits or otherwise impairs the rights of individuals or | ||
entities in the exploration, development, or production of oil, | ||
gas, or other minerals. | ||
Sec. 242.053. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY | ||
ORDER. If an order adopted by the county under this subchapter | ||
conflicts with an ordinance of a municipality, the municipal | ||
ordinance prevails within the municipality's jurisdiction to the | ||
extent of the conflict. | ||
Sec. 242.054. EXISTING AUTHORITY UNAFFECTED. The authority | ||
granted by this subchapter does not affect the authority of the | ||
commissioners court or governing body to adopt an order or | ||
ordinance under other law. | ||
Sec. 242.055. INJUNCTION. The county or municipality, in a | ||
suit brought by the appropriate attorney representing the county or | ||
municipality in the district court, is entitled to appropriate | ||
injunctive relief to prevent the violation or threatened violation | ||
of the entity's order or ordinance adopted under this subchapter | ||
from continuing or occurring. | ||
Sec. 242.056. PENALTY. A person commits an offense if the | ||
person violates a restriction or prohibition imposed by an order or | ||
ordinance adopted under this subchapter. An offense under this | ||
section is a Class C misdemeanor. | ||
SECTION 10. The heading to Chapter 242, Local Government | ||
Code, is amended to read as follows: | ||
CHAPTER 242. AUTHORITY OF MUNICIPALITY AND COUNTY TO REGULATE | ||
SUBDIVISIONS AND PROPERTY DEVELOPMENT [ |
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SECTION 11. Chapter 242, Local Government Code, is amended | ||
by designating Sections 242.001, 242.0015, and 242.002 as | ||
Subchapter A and adding a heading for Subchapter A to read as | ||
follows: | ||
SUBCHAPTER A. AUTHORITY TO REGULATE SUBDIVISIONS IN AND OUTSIDE | ||
MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION | ||
SECTION 12. 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. | ||
SECTION 13. This Act takes effect September 1, 2011. | ||
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