85R3746 TJB-D
By: Springer H.B. No. 1120
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a political subdivision to issue a
building construction permit or final certificate of occupancy for
a building or facility required to meet certain accessibility
standards; providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 469, Government Code, is
amended by adding Section 469.0585 to read as follows:
Sec. 469.0585. BUILDING CONSTRUCTION PERMITS AND FINAL
CERTIFICATES OF OCCUPANCY; ADMINISTRATIVE PENALTY. (a) The
commission shall impose an administrative penalty under Subchapter
F, Chapter 51, Occupations Code, on a political subdivision that
issues a building construction permit or a final certificate of
occupancy in violation of Section 469.102 or 469.105.
(b) Notwithstanding Section 51.302, Occupations Code, the
total amount of an administrative penalty under this section is the
amount calculated by multiplying the population of the political
subdivision by one cent.
(c) An administrative penalty collected under this section
may be appropriated only to the trusteed programs within the office
of the governor for the purpose of informing organizations and the
general public of disability issues.
SECTION 2. Section 469.102(d), Government Code, is amended
to read as follows:
(d) A public official of a political subdivision who is
legally authorized to issue building construction permits may not
accept an application for a building construction permit for a
building or facility subject to Section 469.101 unless the
applicant submits verification to the official that:
(1) [official verifies that] the building or facility
has been registered with the department as provided by rule; and
(2) the plans and specifications for the building or
facility have been submitted to the department as required by
Subsection (c).
SECTION 3. Section 469.105, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) A political subdivision may not issue a final
certificate of occupancy to the owner of a building or facility
described by Section 469.101 unless the owner provides to the
political subdivision a report or letter from a person or entity
described by Subsection (b) indicating that the building or
facility has been inspected by the person or entity and is in
compliance with the requirements of this chapter.
SECTION 4. The changes in law made by this Act apply only to
a building or facility for which an application for a building
construction permit is submitted to a political subdivision on or
after the effective date of this Act. A building or facility for
which an application for a building construction permit is
submitted to a political subdivision before the effective date of
this Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 5. This Act takes effect September 1, 2017.