Bill Text: TX SB1456 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the building code standards for new residential construction in the unincorporated area of certain counties; creating a criminal offense and affecting the prosecution of a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-20 - Referred to Business & Commerce [SB1456 Detail]
Download: Texas-2017-SB1456-Introduced.html
85R9501 PAM-F | ||
By: Nichols | S.B. No. 1456 |
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relating to the building code standards for new residential | ||
construction in the unincorporated area of certain counties; | ||
creating a criminal offense and 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 | ||
substantial compliance with the applicable building code | ||
standards, the county may take either or both of the actions under | ||
Subsections (a)(2) and (3). | ||
(c) It is an affirmative defense to suit under Subsection | ||
(a)(2) for failure to submit proper notice under Section 233.154(c) | ||
or documentation of substantial compliance under Subsection (b) if | ||
the builder's failure to submit a notice or the documentation 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 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 substantial 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) or documentation | ||
of substantial compliance under Section 233.155(b) if the builder's | ||
failure to submit a notice or the documentation 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. |