By: West, Hinojosa S.B. No. 170
(In the Senate - Filed January 9, 2013; January 29, 2013,
read first time and referred to Committee on Intergovernmental
Relations; March 25, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 4, Nays 1;
March 25, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 170 By: Garcia
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 233.1545 to read as follows:
Sec. 233.1545. CERTIFICATION OF COMPLIANCE; CONNECTION OF
UTILITIES. (a) A county to which this subchapter applies shall
require the issuance of a certificate of compliance as a
precondition to obtaining utility services as provided by this
section.
(b) Not later than the fifth business day after the date a
notice of inspection described by Section 233.154(c) stating that
the inspection showed compliance with building code standards
described by Section 233.153 is received, the county shall issue
the party submitting the notice a written certificate of
compliance.
(c) An electric, gas, water, or sewer service utility may
not permanently serve or connect new residential construction of a
single-family house or duplex as described by Section 233.151(a)(1)
with electricity, gas, water, sewer, or other utility service
unless the utility receives a certificate issued by the county
under 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 Subsection (b), Section 233.154, 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.
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