Texas House Bill HB1604

Texas 2011 - 82nd Regular

• Out of House Committee: 3/29/11
• Introduced: 2/22/11
• Voted on by House: 5/6/11
• Out of Senate Committee: 5/21/11
• Engrossed: 5/6/11
• Refer: 5/9/11
• Report Pass: 5/21/11

Caption

Relating to the regulation of land development, including county building code standards for new residential construction, and sales in certain counties and municipalities; providing penalties.

Impact

If enacted, HB 1604 will amend multiple sections of the Local Government Code, including regulations pertinent to subdivision plat applications, construction standards, and public notice requirements associated with land sales. The changes are designed to ensure that counties cannot impose higher construction standards than those applicable to their own construction projects and that builders adhere to specified inspection and permitting processes. Local governments will need to adopt these regulations to become eligible for state funding related to land development.

Summary

House Bill 1604 focuses on regulating land development, specifically addressing the standards for county building codes concerning new residential construction. The bill emphasizes that counties have a role in mitigating the actions of unscrupulous developers who may violate subdivision platting requirements. Under the proposed regulations, certain conditions regarding the sale of real property presumed for residential use must be adhered to, ensuring compliance with established standards for safety and habitability. It also introduces penalties for violations of these regulations, with a structured approach for enforcement and accountability.

Contention

A significant point of contention surrounding HB 1604 arises from the balance it seeks to strike between state oversight and local control. Proponents argue that it will standardize building codes that protect consumers, while opponents may express concerns over limiting local jurisdictions' ability to regulate land use according to the specific needs of their communities. The requirement for public notices and the potential for penalties could lead to increased scrutiny and litigation against developers, raising the stakes for compliance and potentially impacting housing development initiatives.