Texas 2011 - 82nd Regular

Texas Senate Bill SB1363 Compare Versions

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1	1	By: Lucio S.B. No. 1363
2	2	(In the Senate - Filed March 9, 2011; March 22, 2011, read
3	3	first time and referred to Committee on International Relations and
4	4	Trade; April 6, 2011, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 4, Nays 0; April 6, 2011,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1363 By: Lucio
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to county and municipal land development regulations;
13	13	providing a penalty.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 233.151, Local Government Code, is
16	16	amended to read as follows:
17	17	Sec. 233.151. DEFINITIONS. (a) In this subchapter:
18	18	(1) "New[, "new] residential construction" includes:
19	19	(A) [(1) residential] construction of a
20	20	residential dwelling [single-family house or duplex] on a vacant
21	21	lot; and
22	22	(B) [(2)] construction of an addition to an
23	23	existing residential dwelling or unit of a residential dwelling
24	24	[single-family house or duplex], if the addition will increase the
25	25	square footage or value of the existing residential dwelling or
26	26	unit, as applicable, [building] by more than 50 percent.
27	27	(2) "Residential dwelling" means a building
28	28	containing one to three individual units to be occupied for
29	29	residential purposes by one or more individuals and includes a
30	30	single-family dwelling, duplex, or triplex.
31	31	(b) The term "new residential construction" does not
32	32	include a structure that is constructed in accordance with Chapter
33	33	1201, Occupations Code, or a modular home constructed in accordance
34	34	with Chapter 1202, Occupations Code.
35	35	SECTION 2. Section 233.153, Local Government Code, is
36	36	amended to read as follows:
37	37	Sec. 233.153. BUILDING CODE STANDARDS APPLICABLE. (a) The
38	38	commissioners court of a county by order may require new [New]
39	39	residential construction [of a single-family house or duplex] in
40	40	the unincorporated area of the [a] county to [which this subchapter
41	41	applies shall] conform to the version of the International
42	42	Residential Code published as of May 1, 2008, or the version of the
43	43	International Residential Code that is applicable in the county
44	44	seat of that county.
45	45	(b) Standards required under this subchapter apply only to
46	46	new residential construction that begins after the effective date
47	47	of the commissioners court order [September 1, 2009].
48	48	(c) If a municipality located within a county to which this
49	49	subchapter applies has adopted a building code in the
50	50	municipality's extraterritorial jurisdiction, the building code
51	51	adopted by the municipality controls and building code standards
52	52	under this subchapter have no effect in the municipality's
53	53	extraterritorial jurisdiction, provided that the municipality
54	54	actively and diligently enforces the municipality's adopted
55	55	building code within its extraterritorial jurisdiction.
56	56	(d) This subchapter may not be construed to:
57	57	(1) [require prior approval by the county before the
58	58	beginning of new residential construction;
59	59	[(2)] authorize the commissioners court of a county to
60	60	adopt or enforce zoning regulations; or
61	61	(2) [(3)] affect the application of the provisions of
62	62	Subchapter B, Chapter 232, to land development.
63	63	(e) In the event of a conflict between this subchapter and
64	64	Subchapter B, Chapter 232, the more stringent requirements
65	65	[provisions of Subchapter B, Chapter 232,] control.
66	66	[(f) A county may not charge a fee to a person subject to
67	67	standards under this subchapter to defray the costs of enforcing
68	68	the standards.]
69	69	SECTION 3. Subchapter F, Chapter 233, Local Government
70	70	Code, is amended by adding Section 233.1531 to read as follows:
71	71	Sec. 233.1531. BUILDING PERMITS. (a) The commissioners
72	72	court of a county to which this subchapter applies may, by order,
73	73	establish a building permit requirement to promote safe and uniform
74	74	building, plumbing, and electrical standards and to enforce the
75	75	building codes the county has adopted. If a commissioners court
76	76	adopts an order to establish a building permit requirement, the
77	77	county shall establish a mechanism by which the county issues a
78	78	building permit if the person submitting the application for the
79	79	permit:
80	80	(1) files information relating to the location of the
81	81	residence;
82	82	(2) files the building plans for the residence; and
83	83	(3) complies with the applicable regulations relating
84	84	to the issuance of the permit.
85	85	(b) A county may adopt rules it considers necessary to
86	86	administer its duties under this section and charge a reasonable
87	87	fee, not to exceed $500 per application, to defray the costs of
88	88	administering its duties under this section.
89	89	(c) The county shall deposit fees collected under this
90	90	section in an account in its general fund and dedicate the fees to
91	91	the building permit program. The funds in the account may be used
92	92	only for the purpose of administering the building permit program.
93	93	SECTION 4. Subsection (a), Section 233.154, Local
94	94	Government Code, is amended to read as follows:
95	95	(a) A person who builds new residential construction
96	96	[described by Section 233.153] shall have the construction
97	97	inspected to ensure building code compliance in accordance with
98	98	this section as follows:
99	99	(1) for new residential construction on a vacant lot,
100	100	the following [a minimum of three] inspections must be performed
101	101	during the construction project to ensure code compliance, as
102	102	applicable, at the following stages of construction:
103	103	(A) the foundation stage, including [before] the
104	104	placement of concrete;
105	105	(B) the framing, electrical, plumbing, and
106	106	mechanical systems stage, before covering with drywall or other
107	107	interior wall covering; and
108	108	(C) on completion of the new residential
109	109	construction [of the residence];
110	110	(2) for new residential construction of an addition to
111	111	an existing residential dwelling [residence] as described by
112	112	Section 233.151(a)(1)(B) [233.151(a)(2)], the inspections under
113	113	Subdivision (1) must be performed as necessary based on the scope of
114	114	work of the construction project; and
115	115	(3) for new residential construction on a vacant lot
116	116	and for construction of an addition to an existing residential
117	117	dwelling [residence], the builder:
118	118	(A) is responsible for contracting to perform the
119	119	inspections required by this subsection with an inspector certified
120	120	by the International Code Council in the discipline[:
121	121	[(i) a licensed engineer;
122	122	[(ii) a registered architect;
123	123	[(iii) a professional inspector licensed by
124	124	the Texas Real Estate Commission;
125	125	[(iv) a plumbing inspector employed by a
126	126	municipality and licensed by the Texas State Board of Plumbing
127	127	Examiners;
128	128	[(v) a building inspector employed by a
129	129	political subdivision; or
130	130	[(vi) an individual certified as a
131	131	residential combination inspector by the International Code
132	132	Council]; and
133	133	(B) may use the same inspector for all the
134	134	required inspections or a different inspector for each required
135	135	inspection.
136	136	SECTION 5. Subchapter F, Chapter 233, Local Government
137	137	Code, is amended by adding Section 233.1541 to read as follows:
138	138	Sec. 233.1541. OCCUPANCY OF RESIDENCE; CONNECTION OF
139	139	UTILITIES. (a) A utility may not serve or connect a residential
140	140	dwelling or unit of a residential dwelling with water, sewer,
141	141	electricity, or gas service unless the entity receives a
142	142	determination from the commissioners court that the residential
143	143	dwelling or unit:
144	144	(1) has been inspected in accordance with this
145	145	subchapter;
146	146	(2) has passed all inspections required by this
147	147	subchapter; and
148	148	(3) complies with applicable on-site sewage
149	149	regulations.
150	150	(b) The commissioners court shall:
151	151	(1) make the determination under Subsection (a) not
152	152	later than the 20th regular business day after the date it receives
153	153	a request for a determination; and
154	154	(2) issue the certificate of determination of
155	155	inspection, if appropriate, not later than the 10th day after the
156	156	date the determination is made.
157	157	SECTION 6. Section 233.155, Local Government Code, is
158	158	amended to read as follows:
159	159	Sec. 233.155. ENFORCEMENT OF STANDARDS. (a) If proper
160	160	notice is not submitted in accordance with Sections 233.154(b) and
161	161	(c), the county may take any or all of the following actions:
162	162	(1) refer the inspector to the appropriate regulatory
163	163	authority for discipline;
164	164	(2) in a suit brought by the appropriate attorney
165	165	representing the county in the district court, obtain appropriate
166	166	injunctive relief to prevent a violation or threatened violation of
167	167	a standard or notice required under this subchapter from continuing
168	168	or occurring; or
169	169	(3) refer the builder for prosecution under Section
170	170	233.157.
171	171	(b) The attorney general or the district attorney, criminal
172	172	district attorney, county attorney with felony responsibility, or
173	173	county attorney of the county may take any action necessary on
174	174	behalf of the state or on behalf of residents, as applicable, to:
175	175	(1) enjoin the violation or threatened violation of a
176	176	requirement of this subchapter or an order, rule, or standard
177	177	adopted by a commissioners court under this subchapter;
178	178	(2) recover civil or criminal penalties, attorney's
179	179	fees, litigation costs, and investigative costs;
180	180	(3) require correction of the noncomplying
181	181	conditions; and
182	182	(4) recover actual expenses incurred by the owner of
183	183	the residential dwelling as a result of the failure to build in
184	184	accordance with the adopted standards or take corrective actions.
185	185	(c) The attorney general, at the request of the district or
186	186	county attorney with jurisdiction, may conduct a criminal
187	187	prosecution under Section 233.157.
188	188	(d) During the pendency of any enforcement action brought,
189	189	any resident of an affected residential dwelling, or the attorney
190	190	general, district attorney, or county attorney on behalf of the
191	191	resident, may file a motion against the provider of utilities to
192	192	halt termination of preexisting utility services. The services may
193	193	not be terminated if the court makes an affirmative finding after
194	194	hearing the motion that termination poses a threat to the health,
195	195	safety, or welfare of the resident.
196	196	SECTION 7. Section 233.157, Local Government Code, is
197	197	amended to read as follows:
198	198	Sec. 233.157. OFFENSES; PENALTY; EXCEPTION. (a) A person
199	199	commits an offense if the person fails to provide proper notice in
200	200	accordance with Section 233.154 [Sections 233.154(b) and (c)].
201	201	(b) A person commits an offense if the person violates a
202	202	rule or order adopted under this subchapter.
203	203	(c) A person commits an offense if the person constructs new
204	204	residential construction that does not comply with a standard
205	205	adopted under this subchapter.
206	206	(d) Except as provided by Subsection (e), an [An] offense
207	207	under this section is a Class C misdemeanor.
208	208	(e) If it is shown at trial of an offense that the defendant
209	209	has previously been convicted of an offense three or more times
210	210	under this subchapter, the offense is a Class B misdemeanor.
211	211	(f) Venue for prosecution for a violation of this section is
212	212	in the county in which any element of the violation is alleged to
213	213	have occurred or in Travis County.
214	214	(g) It is an exception to the application of this section:
215	215	(1) that the residential dwelling or unit of a
216	216	residential dwelling was constructed before the effective date of
217	217	the commissioners court order under Section 233.153(a); or
218	218	(2) that:
219	219	(A) the person is an owner-occupant of a
220	220	residential dwelling or unit of a residential dwelling that is
221	221	classified by the Texas Department of Housing and Community Affairs
222	222	as a low-income household;
223	223	(B) the violation related to a building standard
224	224	or building code for that dwelling or unit; and
225	225	(C) the county:
226	226	(i) did not make available to the person a
227	227	grant or loan in an amount sufficient to cure the violation; or
228	228	(ii) made available to the person a loan
229	229	that was sufficient to cure the violation but that caused the
230	230	housing expenses of the person to exceed 30 percent of the person's
231	231	net income
232	232	[(c) An individual who fails to provide proper notice in
233	233	accordance with Sections 233.154(b) and (c) is not subject to a
234	234	penalty under this subsection if:
235	235	[(1) the new residential construction is built by the
236	236	individual or the individual acts as the individual's own
237	237	contractor; and
238	238	[(2) the individual intends to use the residence as
239	239	the individual's primary residence].
240	240	SECTION 8. Subchapter F, Chapter 233, Local Government
241	241	Code, is amended by adding Section 233.158 to read as follows:
242	242	Sec. 233.158. PROHIBITION ON USE OF STATE MONEY TO
243	243	REMEDIATE OR SUBSIDIZE SUBSTANDARD HOUSING. A county may not apply
244	244	for or receive state money to remediate or mitigate deficiencies in
245	245	substandard housing that are associated with new residential
246	246	construction commenced on or after September 1, 2011, unless the
247	247	county has adopted a resolution under Section 233.153(a) and is
248	248	enforcing the provisions of this subchapter.
249	249	SECTION 9. Chapter 242, Local Government Code, is amended
250	250	by adding Subchapter B to read as follows:
251	251	SUBCHAPTER B. DEVELOPMENT REGULATIONS IN CERTAIN COUNTIES AND
252	252	MUNICIPALITIES
253	253	Sec. 242.051. APPLICABILITY. This subchapter applies only
254	254	to:
255	255	(1) a county that includes territory located within 50
256	256	miles of an international border; or
257	257	(2) a municipality located in that county if:
258	258	(A) the county does not exercise in the
259	259	municipality's extraterritorial jurisdiction the authority
260	260	described by this subchapter; and
261	261	(B) the county by resolution authorizes the
262	262	municipality to exercise in the municipality's extraterritorial
263	263	jurisdiction the authority described by this subchapter.
264	264	Sec. 242.052. REGULATORY AUTHORITY. (a) The
265	265	commissioners court of a county to which this subchapter applies
266	266	may, by order, regulate residential land development in the
267	267	unincorporated area of the county. The governing body of a
268	268	municipality to which this subchapter applies may, by ordinance,
269	269	regulate residential land development in the municipality's
270	270	extraterritorial jurisdiction. By this authority, the
271	271	commissioners court or governing body may prevent the proliferation
272	272	of colonias by:
273	273	(1) adopting regulations relating to:
274	274	(A) maximum densities, including the size of
275	275	lots;
276	276	(B) the height, number of stories, size, or
277	277	number of buildings or other structures that may be located on a lot
278	278	or tract;
279	279	(C) the location of buildings and other
280	280	structures on a lot or tract; and
281	281	(D) the preparation of a plan for utility
282	282	development, environmental effect and adaptation, utility
283	283	extension, and capacity planning and providing financial analysis
284	284	of said plan; and
285	285	(2) adopting and enforcing building codes as
286	286	authorized for counties under Subchapter F, Chapter 233, to promote
287	287	safe and uniform building, plumbing, and electrical standards.
288	288	(b) If a tract of land is appraised as agricultural or
289	289	open-space land by the appraisal district, the commissioners court
290	290	or governing body may not regulate land development on that tract
291	291	under the authority granted by Subsection (a)(1)(B), (a)(1)(C), or
292	292	(a)(2).
293	293	(c) The authority granted under this section does not
294	294	authorize the commissioners court or governing body to adopt an
295	295	order regulating commercial property that is uninhabitable.
296	296	(d) The authority granted under this section does not
297	297	authorize the commissioners court or governing body to adopt an
298	298	order that limits or otherwise impairs the rights of individuals or
299	299	entities in the exploration, development, or production of oil,
300	300	gas, or other minerals.
301	301	Sec. 242.053. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
302	302	ORDER. If an order adopted by the county under this subchapter
303	303	conflicts with an ordinance of a municipality, the municipal
304	304	ordinance prevails within the municipality's jurisdiction to the
305	305	extent of the conflict.
306	306	Sec. 242.054. EXISTING AUTHORITY UNAFFECTED. The authority
307	307	granted by this subchapter does not affect the authority of the
308	308	commissioners court or governing body to adopt an order or
309	309	ordinance under other law.
310	310	Sec. 242.055. INJUNCTION. The county or municipality, in a
311	311	suit brought by the appropriate attorney representing the county or
312	312	municipality in the district court, is entitled to appropriate
313	313	injunctive relief to prevent the violation or threatened violation
314	314	of the entity's order or ordinance adopted under this subchapter
315	315	from continuing or occurring.
316	316	Sec. 242.056. PENALTY. A person commits an offense if the
317	317	person violates a restriction or prohibition imposed by an order or
318	318	ordinance adopted under this subchapter. An offense under this
319	319	section is a Class C misdemeanor.
320	320	SECTION 10. The heading to Chapter 242, Local Government
321	321	Code, is amended to read as follows:
322	322	CHAPTER 242. AUTHORITY OF MUNICIPALITY AND COUNTY TO REGULATE
323	323	SUBDIVISIONS AND PROPERTY DEVELOPMENT [IN AND OUTSIDE
324	324	MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION]
325	325	SECTION 11. Chapter 242, Local Government Code, is amended
326	326	by designating Sections 242.001, 242.0015, and 242.002 as
327	327	Subchapter A and adding a heading for Subchapter A to read as
328	328	follows:
329	329	SUBCHAPTER A. AUTHORITY TO REGULATE SUBDIVISIONS IN AND OUTSIDE
330	330	MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION
331	331	SECTION 12. A county is not required to adopt a resolution
332	332	to be eligible for state money as required by Section 233.158, Local
333	333	Government Code, as added by this Act, until September 1, 2012.
334	334	SECTION 13. This Act takes effect September 1, 2011.
335	335	* * * * *