81R19885 JTS-D
By: Marquez, et al. H.B. No. 2833
A BILL TO BE ENTITLED
AN ACT
relating to authorizing certain counties to adopt a building code
in their unincorporated areas; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 233, Local Government Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. RESIDENTIAL BUILDING CODES IN CERTAIN COUNTIES
Sec. 233.151. DEFINITION. In this subchapter, "new
residential construction" includes:
(1) residential construction on a vacant lot; and
(2) construction of an addition to an existing
residence, if the addition will increase the square footage or
value of the existing residential building by more than 50 percent.
Sec. 233.152. APPLICABILITY. This subchapter applies only
to:
(1) a county that:
(A) includes territory located within 50 miles of
an international border;
(B) has a population of 700,000 or more;
(C) contains a municipality with a population of
550,000 or more; and
(D) contains one or more colonias or other
developments composed of substandard housing; and
(2) a county whose commissioners court adopts a
resolution stating that the county expects population expansion as
a result of the recommendations of the federal Defense Base Closure
and Realignment Commission.
Sec. 233.153. REGULATORY AUTHORITY. (a) The commissioners
court of a county may adopt a building code applicable to new
residential construction in the unincorporated area of the county.
(b) A building code adopted under this subchapter applies
only to new residential construction that begins after September 1,
2009.
(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 a building code adopted by
the county has no effect in the municipality's extraterritorial
jurisdiction.
(d) This subchapter may not be construed to:
(1) require prior approval by the county before
beginning new residential construction;
(2) authorize the commissioners court of a county to
adopt or enforce zoning regulations; or
(3) affect the application of the provisions of
Subchapter B, Chapter 232, to land development.
(e) In the event of a conflict between this subchapter and
Subchapter B, Chapter 232, the provisions of Subchapter B, Chapter
232, control.
Sec. 233.154. BUILDING CODE REQUIREMENTS. (a) A building
code adopted under Section 233.153 may contain only the same
requirements as the statutory warranty and building and performance
standards that apply to residential construction under Chapter 430,
Property Code, and any rules governing those standards adopted by
the Texas Residential Construction Commission under Title 16,
Property Code.
(b) A building code adopted under Section 233.153 shall
require a person who builds new residential construction to:
(1) have the new residential construction inspected by
a third-party inspector approved by the Texas Residential
Construction Commission at the time and in the manner prescribed by
rules adopted by the commission;
(2) before commencing new residential construction,
provide notice to the county of:
(A) the location of the new residential
construction on a form prescribed by the county;
(B) the date by which the new residential
construction will be commenced; and
(C) the name of the third-party inspector who
will inspect the new residential construction as required by
Subdivision (1); and
(3) submit not later than the 10th day after the date
of each inspection required by Subdivision (1) a written report
prepared by the third-party inspector of the inspection and
describing the results of the inspection to:
(A) the county employee or department or agency
of the county designated by the commissioners court of the county;
and
(B) the person who purchased the new residential
construction from the builder, if applicable.
Sec. 233.155. BUILDING CODE ENFORCEMENT. (a) To enforce
compliance with a building code adopted under Section 233.153, the
county may take any or all of the following actions:
(1) exercise the enforcement authority under Sections
233.157 and 233.158;
(2) refer a builder registered under Title 16,
Property Code, who violates a provision of that title, or any rule
adopted under that title, to the Texas Residential Construction
Commission for disciplinary action; and
(3) refer a third-party inspector approved by the
Texas Residential Construction Commission under Title 16, Property
Code, who violates a provision of that title, or any rule adopted
under that title, to that commission for disciplinary action.
(b) Notwithstanding any other law, including Section
430.005, Property Code, the Texas Residential Construction
Commission may take any action with regard to a builder or
third-party inspector that it is authorized to take by any other
law, including taking disciplinary action under Chapter 418,
Property Code, or imposing an administrative penalty under Chapter
419, Property Code, with regard to new residential construction in
a county that has adopted a building code authorized under this
subchapter.
(c) A county may not charge a fee to a person regulated by a
building code adopted under this subchapter to defray the costs of
enforcing the code.
Sec. 233.156. EXISTING AUTHORITY UNAFFECTED. The authority
granted by this subchapter does not affect the authority of a
commissioners court to adopt an order under other law.
Sec. 233.157. INJUNCTION. The county, in a suit brought by
the appropriate attorney representing the county in the district
court, is entitled to appropriate injunctive relief to prevent the
violation or threatened violation of a building code adopted under
this subchapter from continuing or occurring.
Sec. 233.158. PENALTY; EXCEPTION. A person commits an
offense if the person violates a restriction or prohibition imposed
by a building code adopted under this subchapter. An offense under
this section is a Class C misdemeanor.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.