Texas 2013 - 83rd Regular

Texas Senate Bill SB170 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: West, Hinojosa S.B. No. 170
2	2	(In the Senate - Filed January 9, 2013; January 29, 2013,
3	3	read first time and referred to Committee on Intergovernmental
4	4	Relations; March 25, 2013, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 4, Nays 1;
6	6	March 25, 2013, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 170 By: Garcia
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to building code standards for new residential
13	13	construction in the unincorporated area of a county.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 233.152, Local Government Code, is
16	16	amended to read as follows:
17	17	Sec. 233.152. APPLICABILITY. (a) Except as provided by
18	18	Subsection (b), this [This] subchapter applies only to new
19	19	residential construction in a county that has adopted a resolution
20	20	or order requiring the application of the provisions of this
21	21	subchapter and that:
22	22	(1) is located within 50 miles of an international
23	23	border; or
24	24	(2) has a population of more than 100.
25	25	(b) This subchapter does not apply to new residential
26	26	construction if:
27	27	(1) the property on which the new residential
28	28	construction is located is appraised for ad valorem tax purposes as
29	29	land for agricultural use or open-space land under Subchapter C or
30	30	D, Chapter 23, Tax Code;
31	31	(2) the new residential construction will not be
32	32	located within 1,000 feet of a platted subdivision;
33	33	(3) the new residential construction is intended to be
34	34	used as the primary residence of an individual who is the builder
35	35	of, or acts as the general contractor for, the construction; and
36	36	(4) the new residential construction is:
37	37	(A) the first residential construction, as
38	38	described by Section 233.151(a)(1), to be built on the property; or
39	39	(B) an addition to an existing single-family
40	40	house or duplex, as described by Section 233.151(a)(2).
41	41	SECTION 2. Section 233.154, Local Government Code, is
42	42	amended by amending Subsection (c) and adding Subsection (c-1) to
43	43	read as follows:
44	44	(c) If required by the county, not later than the 10th day
45	45	after the date of the final inspection under this section, the
46	46	builder shall submit notice of the inspection stating whether or
47	47	not the inspection showed compliance with the building code
48	48	standards applicable to that phase of construction in a form
49	49	required by the county to:
50	50	(1) the county employee, department, or agency
51	51	designated by the commissioners court of the county to receive the
52	52	information, subject to Subsection (c-1); and
53	53	(2) the person for whom the new residential
54	54	construction is being built, if different from the builder.
55	55	(c-1) The commissioners court of a county may designate the
56	56	county clerk to receive information as provided by Subsection
57	57	(c)(1) only if the county clerk consents to the designation.
58	58	SECTION 3. Subchapter F, Chapter 233, Local Government
59	59	Code, is amended by adding Section 233.1545 to read as follows:
60	60	Sec. 233.1545. CERTIFICATION OF COMPLIANCE; CONNECTION OF
61	61	UTILITIES. (a) A county to which this subchapter applies shall
62	62	require the issuance of a certificate of compliance as a
63	63	precondition to obtaining utility services as provided by this
64	64	section.
65	65	(b) Not later than the fifth business day after the date a
66	66	notice of inspection described by Section 233.154(c) stating that
67	67	the inspection showed compliance with building code standards
68	68	described by Section 233.153 is received, the county shall issue
69	69	the party submitting the notice a written certificate of
70	70	compliance.
71	71	(c) An electric, gas, water, or sewer service utility may
72	72	not permanently serve or connect new residential construction of a
73	73	single-family house or duplex as described by Section 233.151(a)(1)
74	74	with electricity, gas, water, sewer, or other utility service
75	75	unless the utility receives a certificate issued by the county
76	76	under Subsection (b).
77	77	(d) Subsection (c) does not prevent the temporary use or
78	78	connection of utilities necessary to complete new residential
79	79	construction, including temporary use or connection of utilities to
80	80	pass an inspection under this subchapter.
81	81	SECTION 4. The changes in law made by this Act apply only to
82	82	new residential construction that commences on or after the
83	83	effective date of this Act, except that if the county requires
84	84	notice under Subsection (b), Section 233.154, Local Government
85	85	Code, this Act applies only to new residential construction for
86	86	which notice was given on or after the effective date of this Act.
87	87	SECTION 5. This Act takes effect September 1, 2013.
88	88	* * * * *