By: Lucio S.B. No. 1363
(In the Senate - Filed March 9, 2011; March 22, 2011, read
first time and referred to Committee on International Relations and
Trade; April 6, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 4, Nays 0; April 6, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1363 By: Lucio
A BILL TO BE ENTITLED
AN ACT
relating to county and municipal land development regulations;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 233.151, Local Government Code, is
amended to read as follows:
Sec. 233.151. DEFINITIONS. (a) In this subchapter:
(1) "New[, "new] residential construction" includes:
(A) [(1) residential] construction of a
residential dwelling [single-family house or duplex] on a vacant
lot; and
(B) [(2)] construction of an addition to an
existing residential dwelling or unit of a residential dwelling
[single-family house or duplex], if the addition will increase the
square footage or value of the existing residential dwelling or
unit, as applicable, [building] by more than 50 percent.
(2) "Residential dwelling" means a building
containing one to three individual units to be occupied for
residential purposes by one or more individuals and includes a
single-family dwelling, duplex, or triplex.
(b) The term "new residential construction" 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.
SECTION 2. Section 233.153, Local Government Code, is
amended to read as follows:
Sec. 233.153. BUILDING CODE STANDARDS APPLICABLE. (a) The
commissioners court of a county by order may require new [New]
residential construction [of a single-family house or duplex] in
the unincorporated area of the [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 the effective date
of the commissioners court order [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, provided that the municipality
actively and diligently enforces the municipality's adopted
building code within its 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
(2) [(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 more stringent requirements
[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.]
SECTION 3. Subchapter F, Chapter 233, Local Government
Code, is amended by adding Section 233.1531 to read as follows:
Sec. 233.1531. BUILDING PERMITS. (a) The commissioners
court of a county to which this subchapter applies may, by order,
establish a building permit requirement to promote safe and uniform
building, plumbing, and electrical standards and to enforce the
building codes the county has adopted. If a commissioners court
adopts an order to establish a building permit requirement, the
county shall establish a mechanism by which the county issues a
building permit if the person submitting the application for the
permit:
(1) files information relating to the location of the
residence;
(2) files the building plans for the residence; and
(3) complies with the applicable regulations relating
to the issuance of the permit.
(b) A county may adopt rules it considers necessary to
administer its duties under this section and charge a reasonable
fee, not to exceed $500 per application, to defray the costs of
administering its duties under this section.
(c) The county shall deposit fees collected under this
section in an account in its general fund and dedicate the fees to
the building permit program. The funds in the account may be used
only for the purpose of administering the building permit program.
SECTION 4. Subsection (a), Section 233.154, Local
Government Code, is amended to read as follows:
(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,
the following [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, including [before] the
placement of concrete;
(B) the framing, electrical, plumbing, and
mechanical systems stage, before covering with drywall or other
interior wall covering; and
(C) on completion of the new residential
construction [of the residence];
(2) for new residential construction of an addition to
an existing residential dwelling [residence] as described by
Section 233.151(a)(1)(B) [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 residential
dwelling [residence], the builder:
(A) is responsible for contracting to perform the
inspections required by this subsection with an inspector certified
by the International Code Council in the discipline[:
[(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.
SECTION 5. Subchapter F, Chapter 233, Local Government
Code, is amended by adding Section 233.1541 to read as follows:
Sec. 233.1541. OCCUPANCY OF RESIDENCE; CONNECTION OF
UTILITIES. (a) A utility may not serve or connect a residential
dwelling or unit of a residential dwelling with water, sewer,
electricity, or gas service unless the entity receives a
determination from the commissioners court that the residential
dwelling or unit:
(1) has been inspected in accordance with this
subchapter;
(2) has passed all inspections required by this
subchapter; and
(3) complies with applicable on-site sewage
regulations.
(b) The commissioners court shall:
(1) make the determination under Subsection (a) not
later than the 20th regular business day after the date it receives
a request for a determination; and
(2) issue the certificate of determination of
inspection, if appropriate, not later than the 10th day after the
date the determination is made.
SECTION 6. Section 233.155, Local Government Code, is
amended to read as follows:
Sec. 233.155. ENFORCEMENT OF STANDARDS. (a) 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; or
(3) refer the builder for prosecution under Section
233.157.
(b) The attorney general or the district attorney, criminal
district attorney, county attorney with felony responsibility, or
county attorney of the county may take any action necessary on
behalf of the state or on behalf of residents, as applicable, to:
(1) enjoin the violation or threatened violation of a
requirement of this subchapter or an order, rule, or standard
adopted by a commissioners court under this subchapter;
(2) recover civil or criminal penalties, attorney's
fees, litigation costs, and investigative costs;
(3) require correction of the noncomplying
conditions; and
(4) recover actual expenses incurred by the owner of
the residential dwelling as a result of the failure to build in
accordance with the adopted standards or take corrective actions.
(c) The attorney general, at the request of the district or
county attorney with jurisdiction, may conduct a criminal
prosecution under Section 233.157.
(d) During the pendency of any enforcement action brought,
any resident of an affected residential dwelling, or the attorney
general, district attorney, or county attorney on behalf of the
resident, may file a motion against the provider of utilities to
halt termination of preexisting utility services. The services may
not be terminated if the court makes an affirmative finding after
hearing the motion that termination poses a threat to the health,
safety, or welfare of the resident.
SECTION 7. Section 233.157, Local Government Code, is
amended to read as follows:
Sec. 233.157. OFFENSES; PENALTY; EXCEPTION. (a) A person
commits an offense if the person fails to provide proper notice in
accordance with Section 233.154 [Sections 233.154(b) and (c)].
(b) A person commits an offense if the person violates a
rule or order adopted under this subchapter.
(c) A person commits an offense if the person constructs new
residential construction that does not comply with a standard
adopted under this subchapter.
(d) Except as provided by Subsection (e), an [An] offense
under this section is a Class C misdemeanor.
(e) If it is shown at trial of an offense that the defendant
has previously been convicted of an offense three or more times
under this subchapter, the offense is a Class B misdemeanor.
(f) Venue for prosecution for a violation of this section is
in the county in which any element of the violation is alleged to
have occurred or in Travis County.
(g) It is an exception to the application of this section:
(1) that the residential dwelling or unit of a
residential dwelling was constructed before the effective date of
the commissioners court order under Section 233.153(a); or
(2) that:
(A) the person is an owner-occupant of a
residential dwelling or unit of a residential dwelling that is
classified by the Texas Department of Housing and Community Affairs
as a low-income household;
(B) the violation related to a building standard
or building code for that dwelling or unit; and
(C) the county:
(i) did not make available to the person a
grant or loan in an amount sufficient to cure the violation; or
(ii) made available to the person a loan
that was sufficient to cure the violation but that caused the
housing expenses of the person to exceed 30 percent of the person's
net income
[(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 8. Subchapter F, Chapter 233, Local Government
Code, is amended by adding Section 233.158 to read as follows:
Sec. 233.158. PROHIBITION ON USE OF STATE MONEY TO
REMEDIATE OR SUBSIDIZE SUBSTANDARD HOUSING. A county may not apply
for or receive state money to remediate or mitigate deficiencies in
substandard housing that are associated with new residential
construction commenced on or after September 1, 2011, unless the
county has adopted a resolution under Section 233.153(a) and is
enforcing the provisions of this subchapter.
SECTION 9. Chapter 242, Local Government Code, is amended
by adding Subchapter B to read as follows:
SUBCHAPTER B. DEVELOPMENT REGULATIONS IN CERTAIN COUNTIES AND
MUNICIPALITIES
Sec. 242.051. APPLICABILITY. This subchapter applies only
to:
(1) a county that includes territory located within 50
miles of an international border; or
(2) a municipality located in that county if:
(A) the county does not exercise in the
municipality's extraterritorial jurisdiction the authority
described by this subchapter; and
(B) the county by resolution authorizes the
municipality to exercise in the municipality's extraterritorial
jurisdiction the authority described by this subchapter.
Sec. 242.052. REGULATORY AUTHORITY. (a) The
commissioners court of a county to which this subchapter applies
may, by order, regulate residential land development in the
unincorporated area of the county. The governing body of a
municipality to which this subchapter applies may, by ordinance,
regulate residential land development in the municipality's
extraterritorial jurisdiction. By this authority, the
commissioners court or governing body may prevent the proliferation
of colonias by:
(1) adopting regulations relating to:
(A) maximum densities, including the size of
lots;
(B) the height, number of stories, size, or
number of buildings or other structures that may be located on a lot
or tract;
(C) the location of buildings and other
structures on a lot or tract; and
(D) the preparation of a plan for utility
development, environmental effect and adaptation, utility
extension, and capacity planning and providing financial analysis
of said plan; and
(2) adopting and enforcing building codes as
authorized for counties under Subchapter F, Chapter 233, to promote
safe and uniform building, plumbing, and electrical standards.
(b) If a tract of land is appraised as agricultural or
open-space land by the appraisal district, the commissioners court
or governing body may not regulate land development on that tract
under the authority granted by Subsection (a)(1)(B), (a)(1)(C), or
(a)(2).
(c) The authority granted under this section does not
authorize the commissioners court or governing body to adopt an
order regulating commercial property that is uninhabitable.
(d) The authority granted under this section does not
authorize the commissioners court or governing body to adopt an
order that limits or otherwise impairs the rights of individuals or
entities in the exploration, development, or production of oil,
gas, or other minerals.
Sec. 242.053. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
ORDER. If an order adopted by the county under this subchapter
conflicts with an ordinance of a municipality, the municipal
ordinance prevails within the municipality's jurisdiction to the
extent of the conflict.
Sec. 242.054. EXISTING AUTHORITY UNAFFECTED. The authority
granted by this subchapter does not affect the authority of the
commissioners court or governing body to adopt an order or
ordinance under other law.
Sec. 242.055. INJUNCTION. The county or municipality, in a
suit brought by the appropriate attorney representing the county or
municipality in the district court, is entitled to appropriate
injunctive relief to prevent the violation or threatened violation
of the entity's order or ordinance adopted under this subchapter
from continuing or occurring.
Sec. 242.056. PENALTY. A person commits an offense if the
person violates a restriction or prohibition imposed by an order or
ordinance adopted under this subchapter. An offense under this
section is a Class C misdemeanor.
SECTION 10. The heading to Chapter 242, Local Government
Code, is amended to read as follows:
CHAPTER 242. AUTHORITY OF MUNICIPALITY AND COUNTY TO REGULATE
SUBDIVISIONS AND PROPERTY DEVELOPMENT [IN AND OUTSIDE
MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION]
SECTION 11. Chapter 242, Local Government Code, is amended
by designating Sections 242.001, 242.0015, and 242.002 as
Subchapter A and adding a heading for Subchapter A to read as
follows:
SUBCHAPTER A. AUTHORITY TO REGULATE SUBDIVISIONS IN AND OUTSIDE
MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION
SECTION 12. A county is not required to adopt a resolution
to be eligible for state money as required by Section 233.158, Local
Government Code, as added by this Act, until September 1, 2012.
SECTION 13. This Act takes effect September 1, 2011.
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