H.B. No. 2833
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. (a) In this subchapter, "new
residential construction" includes:
(1) residential construction of a single-family house
or duplex on a vacant lot; and
(2) construction of an addition to an existing
single-family house or duplex, if the addition will increase the
square footage or value of the existing residential building by
more than 50 percent.
(b) The term does not include a structure that is
constructed in accordance with Chapter 1201, Occupations Code, or a
modular home constructed in accordance with Chapter 1202,
Occupations Code.
Sec. 233.152. APPLICABILITY. This subchapter applies only
to 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.
Sec. 233.153. BUILDING CODE STANDARDS APPLICABLE. (a) New
residential construction of a single-family house or duplex in the
unincorporated area of a county to which this subchapter applies
shall conform to the version of the International Residential Code
published as of May 1, 2008, or the version of the International
Residential Code that is applicable in the county seat of that
county.
(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 the
beginning of 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) A county may not charge a fee to a person subject to
standards under this subchapter to defray the costs of enforcing
the standards.
Sec. 233.154. INSPECTION AND NOTICE REQUIREMENTS. (a) A
person who builds new residential construction described by Section
233.153 shall have the construction inspected to ensure building
code compliance in accordance with this section as follows:
(1) for new residential construction on a vacant lot,
a minimum of three inspections must be performed during the
construction project to ensure code compliance, as applicable, at
the following stages of construction:
(A) the foundation stage, before the placement of
concrete;
(B) the framing and mechanical systems stage,
before covering with drywall or other interior wall covering; and
(C) on completion of construction of the
residence;
(2) for new residential construction of an addition to
an existing residence as described by Section 233.151(a)(2), the
inspections under Subdivision (1) must be performed as necessary
based on the scope of work of the construction project; and
(3) for new residential construction on a vacant lot
and for construction of an addition to an existing residence, the
builder:
(A) is responsible for contracting to perform the
inspections required by this subsection with:
(i) a licensed engineer;
(ii) a registered architect;
(iii) a professional inspector licensed by
the Texas Real Estate Commission;
(iv) a plumbing inspector employed by a
municipality and licensed by the Texas State Board of Plumbing
Examiners;
(v) a building inspector employed by a
political subdivision; or
(vi) an individual certified as a
residential combination inspector by the International Code
Council; and
(B) may use the same inspector for all the
required inspections or a different inspector for each required
inspection.
(b) If required by a county to which this subchapter
applies, before commencing new residential construction, the
builder shall provide notice to the county on a form prescribed by
the county of:
(1) the location of the new residential construction;
(2) the approximate date by which the new residential
construction will be commenced; and
(3) the version of the International Residential Code
that will be used to construct the new residential construction
before commencing construction.
(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; and
(2) the person for whom the new residential
construction is being built, if different from the builder.
Sec. 233.155. ENFORCEMENT OF STANDARDS. 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;
(3) refer the builder for prosecution under Section
233.157.
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. PENALTY. (a) A person commits an offense if
the person fails to provide proper notice in accordance with
Sections 233.154(b) and (c).
(b) An offense under this section is a Class C misdemeanor.
(c) An individual who fails to provide proper notice in
accordance with Sections 233.154(b) and (c) is not subject to a
penalty under this subsection if:
(1) the new residential construction is built by the
individual or the individual acts as the individual's own
contractor; and
(2) the individual intends to use the residence as the
individual's primary residence.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2833 was passed by the House on April
30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 2833 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 2833 on May 31, 2009, by the following vote: Yeas 72,
Nays 71, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2833 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 29, Nays
1; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2833 on May 31, 2009, by the following vote: Yeas 28, Nays 2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor