| 1 | 1 | | 82R19521 PAM-F |
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| 2 | 2 | | By: Marquez, Munoz, Jr. H.B. No. 1649 |
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| 3 | 3 | | Substitute the following for H.B. No. 1649: |
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| 4 | 4 | | By: Gonzales of Williamson C.S.H.B. No. 1649 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the enforcement of building code standards for new |
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| 10 | 10 | | residential construction in the unincorporated area of a county; |
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| 11 | 11 | | providing a fee. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter F, Chapter 233, Local Government |
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| 14 | 14 | | Code, is amended by adding Sections 233.1545 and 233.1546 to read as |
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| 15 | 15 | | follows: |
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| 16 | 16 | | Sec. 233.1545. FEE. A county may charge a fee not to exceed |
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| 17 | 17 | | $25 for each new residential construction to defray the costs of |
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| 18 | 18 | | administering the building code requirements of this subchapter. |
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| 19 | 19 | | Sec. 233.1546. CERTIFICATION OF COMPLIANCE; CONNECTION OF |
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| 20 | 20 | | UTILITIES. (a) A county may require the issuance of a certificate |
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| 21 | 21 | | of compliance as a precondition to obtaining utility services as |
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| 22 | 22 | | provided by this section. |
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| 23 | 23 | | (b) The county shall, not later than the fifth business day |
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| 24 | 24 | | after the date a request is received under this subsection, issue |
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| 25 | 25 | | the requesting party a written certificate of compliance if: |
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| 26 | 26 | | (1) the county receives a written request from a |
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| 27 | 27 | | person who builds new residential construction subject to this |
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| 28 | 28 | | section, the person for whom the new residential construction is |
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| 29 | 29 | | built, or an entity that provides utility service; and |
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| 30 | 30 | | (2) the requesting party demonstrates that the new |
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| 31 | 31 | | residential construction has complied with all requirements |
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| 32 | 32 | | applicable under this subchapter as determined by the county. |
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| 33 | 33 | | (c) An electric, gas, water, or sewer service utility may |
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| 34 | 34 | | not permanently serve or connect new residential construction |
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| 35 | 35 | | subject to this section with electricity, gas, water, sewer, or |
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| 36 | 36 | | other utility service unless the utility receives a certificate |
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| 37 | 37 | | issued by the county that states that compliance with all |
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| 38 | 38 | | requirements applicable under this subchapter was demonstrated as |
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| 39 | 39 | | provided by Subsection (b). |
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| 40 | 40 | | (d) Subsection (c) does not prevent the temporary use or |
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| 41 | 41 | | connection of utilities necessary to complete new residential |
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| 42 | 42 | | construction, including temporary use or connection of utilities to |
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| 43 | 43 | | pass an inspection under this subchapter. |
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| 44 | 44 | | SECTION 2. Section 233.153(f), Local Government Code, is |
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| 45 | 45 | | repealed. |
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| 46 | 46 | | SECTION 3. The changes in law made by this Act apply only to |
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| 47 | 47 | | new residential construction that commences on or after the |
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| 48 | 48 | | effective date of this Act, except that if the county requires |
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| 49 | 49 | | notice under Section 233.154(b), Local Government Code, this Act |
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| 50 | 50 | | applies only to new residential construction for which notice was |
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| 51 | 51 | | given on or after the effective date of this Act. |
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| 52 | 52 | | SECTION 4. This Act takes effect September 1, 2011. |
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