83R8905 PAM-F
By: Deshotel H.B. No. 1537
A BILL TO BE ENTITLED
AN ACT
relating to building code standards for new residential
construction in the unincorporated area of a county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 233.152, Local Government Code, is
amended to read as follows:
Sec. 233.152. APPLICABILITY. (a) Except as provided by
Subsection (b), this [This] subchapter applies only to new
residential construction in 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.
(b) This subchapter does not apply to new residential
construction if:
(1) the property on which the new residential
construction is located is appraised for ad valorem tax purposes as
land for agricultural use or open-space land under Subchapter C or
D, Chapter 23, Tax Code;
(2) the new residential construction will not be
located within 1,000 feet of a platted subdivision;
(3) the new residential construction is intended to be
used as the primary residence of an individual who is the builder
of, or acts as the general contractor for, the construction; and
(4) the new residential construction is:
(A) the first residential construction, as
described by Section 233.151(a)(1), to be built on the property; or
(B) an addition to an existing single-family
house or duplex, as described by Section 233.151(a)(2).
SECTION 2. Section 233.154, Local Government Code, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(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, subject to Subsection (c-1); and
(2) the person for whom the new residential
construction is being built, if different from the builder.
(c-1) The commissioners court of a county may designate the
county clerk to receive information as provided by Subsection
(c)(1) only if the county clerk consents to the designation.
SECTION 3. Subchapter F, Chapter 233, Local Government
Code, is amended by adding Section 233.1546 to read as follows:
Sec. 233.1546. CERTIFICATION OF COMPLIANCE; CONNECTION OF
UTILITIES. (a) A county may require the issuance of a certificate
of compliance as a precondition to obtaining utility services as
provided by this section.
(b) The county shall, not later than the fifth business day
after the date a request is received under this subsection, issue
the requesting party a written certificate of compliance if:
(1) the county receives a written request from a
person who builds new residential construction, the person for whom
the new residential construction is built, or an entity that
provides utility service; and
(2) the requesting party demonstrates that the new
residential construction has complied with all requirements
applicable under this subchapter.
(c) An electric, gas, water, or sewer service utility may
not permanently serve or connect new residential construction with
electricity, gas, water, sewer, or other utility service unless the
utility receives a certificate issued by the county that states
that compliance with all requirements applicable under this
subchapter was demonstrated as provided by Subsection (b).
(d) Subsection (c) does not prevent the temporary use or
connection of utilities necessary to complete new residential
construction, including temporary use or connection of utilities to
pass an inspection under this subchapter.
SECTION 4. The changes in law made by this Act apply only to
new residential construction that commences on or after the
effective date of this Act, except that if the county requires
notice under Section 233.154(b), Local Government Code, this Act
applies only to new residential construction for which notice was
given on or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2013.