By: Marquez, et al. (Senate Sponsor - Shapleigh) H.B. No. 2833
(In the Senate - Received from the House May 1, 2009;
May 6, 2009, read first time and referred to Committee on
Intergovernmental Relations; May 22, 2009, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 5,
Nays 0; May 22, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2833 By: Gallegos
A BILL TO BE ENTITLED
AN ACT
relating to certain building code standards applicable to the
unincorporated areas of certain counties; 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 CODE STANDARDS APPLICABLE TO
UNINCORPORATED AREAS OF CERTAIN COUNTIES
Sec. 233.151. DEFINITIONS. In this subchapter:
(1) "Commission" means the Texas Residential
Construction Commission.
(2) "New residential construction" includes:
(A) residential construction on a vacant lot; and
(B) 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
in a county:
(1) that includes territory located within 50 miles of
an international border;
(2) that has a population of 650,000 or more;
(3) that contains a municipality with a population of
550,000 or more;
(4) that contains one or more colonias or other
developments composed of substandard housing; and
(5) whose population is expected to rapidly expand as
a result of the recommendations of the federal Defense Base Closure
and Realignment Commission.
Sec. 233.153. BUILDING CODE STANDARDS APPLICABLE. (a) New
residential construction in the unincorporated area of a county to
which this subchapter applies shall conform to the standards
described by Sections 430.001(d)(2) and (e)(2), Property Code, and
any rules adopted by the commission regarding those standards.
(b) Standards required under this subchapter apply 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 building code standards
under this subchapter have 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.
(f) Notwithstanding any other law, including Section
430.005, Property Code, the commission may take any action with
regard to a builder or fee 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 to which this subchapter applies.
(g) A person who builds new residential construction shall
have the new residential construction inspected by a fee inspector
approved by the commission at the time and in the manner prescribed
by Subtitle F, Title 16, Property Code, and rules adopted by the
commission under that subtitle.
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.
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