Bill Text: TX SB170 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to building code standards for new residential construction in the unincorporated area of a county.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2013-03-25 - Committee report printed and distributed [SB170 Detail]
Download: Texas-2013-SB170-Comm_Sub.html
| By: West, Hinojosa | S.B. No. 170 | |
| (In the Senate - Filed January 9, 2013; January 29, 2013, | ||
| read first time and referred to Committee on Intergovernmental | ||
| Relations; March 25, 2013, reported adversely, with favorable | ||
| Committee Substitute by the following vote: Yeas 4, Nays 1; | ||
| March 25, 2013, sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR S.B. No. 170 | By: Garcia | |
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| relating to building code standards for new residential | ||
| construction in the unincorporated area of a county. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 233.152, Local Government Code, is | ||
| amended to read as follows: | ||
| Sec. 233.152. APPLICABILITY. (a) Except as provided by | ||
| Subsection (b), this [ |
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| residential construction in a county that has adopted a resolution | ||
| or order requiring the application of the provisions of this | ||
| subchapter and that: | ||
| (1) is located within 50 miles of an international | ||
| border; or | ||
| (2) has a population of more than 100. | ||
| (b) This subchapter does not apply to new residential | ||
| construction if: | ||
| (1) the property on which the new residential | ||
| construction is located is appraised for ad valorem tax purposes as | ||
| land for agricultural use or open-space land under Subchapter C or | ||
| D, Chapter 23, Tax Code; | ||
| (2) the new residential construction will not be | ||
| located within 1,000 feet of a platted subdivision; | ||
| (3) the new residential construction is intended to be | ||
| used as the primary residence of an individual who is the builder | ||
| of, or acts as the general contractor for, the construction; and | ||
| (4) the new residential construction is: | ||
| (A) the first residential construction, as | ||
| described by Section 233.151(a)(1), to be built on the property; or | ||
| (B) an addition to an existing single-family | ||
| house or duplex, as described by Section 233.151(a)(2). | ||
| SECTION 2. Section 233.154, Local Government Code, is | ||
| amended by amending Subsection (c) and adding Subsection (c-1) to | ||
| read as follows: | ||
| (c) If required by the county, not later than the 10th day | ||
| after the date of the final inspection under this section, the | ||
| builder shall submit notice of the inspection stating whether or | ||
| not the inspection showed compliance with the building code | ||
| standards applicable to that phase of construction in a form | ||
| required by the county to: | ||
| (1) the county employee, department, or agency | ||
| designated by the commissioners court of the county to receive the | ||
| information, subject to Subsection (c-1); and | ||
| (2) the person for whom the new residential | ||
| construction is being built, if different from the builder. | ||
| (c-1) The commissioners court of a county may designate the | ||
| county clerk to receive information as provided by Subsection | ||
| (c)(1) only if the county clerk consents to the designation. | ||
| SECTION 3. Subchapter F, Chapter 233, Local Government | ||
| Code, is amended by adding Section 233.1545 to read as follows: | ||
| Sec. 233.1545. CERTIFICATION OF COMPLIANCE; CONNECTION OF | ||
| UTILITIES. (a) A county to which this subchapter applies shall | ||
| require the issuance of a certificate of compliance as a | ||
| precondition to obtaining utility services as provided by this | ||
| section. | ||
| (b) Not later than the fifth business day after the date a | ||
| notice of inspection described by Section 233.154(c) stating that | ||
| the inspection showed compliance with building code standards | ||
| described by Section 233.153 is received, the county shall issue | ||
| the party submitting the notice a written certificate of | ||
| compliance. | ||
| (c) An electric, gas, water, or sewer service utility may | ||
| not permanently serve or connect new residential construction of a | ||
| single-family house or duplex as described by Section 233.151(a)(1) | ||
| with electricity, gas, water, sewer, or other utility service | ||
| unless the utility receives a certificate issued by the county | ||
| under Subsection (b). | ||
| (d) Subsection (c) does not prevent the temporary use or | ||
| connection of utilities necessary to complete new residential | ||
| construction, including temporary use or connection of utilities to | ||
| pass an inspection under this subchapter. | ||
| SECTION 4. The changes in law made by this Act apply only to | ||
| new residential construction that commences on or after the | ||
| effective date of this Act, except that if the county requires | ||
| notice under Subsection (b), Section 233.154, Local Government | ||
| Code, this Act applies only to new residential construction for | ||
| which notice was given on or after the effective date of this Act. | ||
| SECTION 5. This Act takes effect September 1, 2013. | ||
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