1 | 1 | | 85R24106 TJB-D |
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2 | 2 | | By: Springer H.B. No. 1120 |
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3 | 3 | | Substitute the following for H.B. No. 1120: |
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4 | 4 | | By: Kuempel C.S.H.B. No. 1120 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the authority of a political subdivision to issue a |
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10 | 10 | | building construction permit or final certificate of occupancy for |
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11 | 11 | | a building or facility required to meet certain accessibility |
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12 | 12 | | standards; requiring a related study. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Section 469.102(d), Government Code, is amended |
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15 | 15 | | to read as follows: |
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16 | 16 | | (d) A public official of a political subdivision who is |
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17 | 17 | | legally authorized to issue building construction permits may not |
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18 | 18 | | accept an application for a building construction permit for a |
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19 | 19 | | building or facility subject to Section 469.101 unless the |
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20 | 20 | | applicant submits verification to the official that: |
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21 | 21 | | (1) [official verifies that] the building or facility |
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22 | 22 | | has been registered with the department as provided by rule; and |
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23 | 23 | | (2) the plans and specifications for the building or |
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24 | 24 | | facility have been submitted to the department as required by |
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25 | 25 | | Subsection (c). |
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26 | 26 | | SECTION 2. Section 469.105, Government Code, is amended by |
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27 | 27 | | adding Subsection (c) to read as follows: |
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28 | 28 | | (c) A political subdivision may not issue a final |
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29 | 29 | | certificate of occupancy to the owner of a building or facility |
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30 | 30 | | described by Section 469.101 unless the owner provides to the |
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31 | 31 | | political subdivision a report or letter from a person or entity |
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32 | 32 | | described by Subsection (b) indicating that the building or |
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33 | 33 | | facility has been inspected by the person or entity and is in |
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34 | 34 | | compliance with the requirements of this chapter. |
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35 | 35 | | SECTION 3. (a) The Texas Department of Licensing and |
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36 | 36 | | Regulation shall conduct a study regarding the effects of the |
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37 | 37 | | changes in law made by Sections 469.102(d) and 469.105, Government |
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38 | 38 | | Code, as amended by H.B. 1120, Acts of the 85th Legislature, Regular |
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39 | 39 | | Session, 2017. |
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40 | 40 | | (b) In conducting the study, the department shall compare |
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41 | 41 | | the effects of the changes in law in one municipality selected by |
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42 | 42 | | the department from each of the following categories to the effects |
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43 | 43 | | of those changes in the most populous municipality in this state: |
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44 | 44 | | (1) a municipality with a population of more than one |
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45 | 45 | | million that is not the most populous municipality in the state; |
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46 | 46 | | (2) a municipality with a population of 250,000 or |
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47 | 47 | | more but not more than 650,000; and |
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48 | 48 | | (3) a municipality located in a rural county with a |
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49 | 49 | | population of less than 50,000. |
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50 | 50 | | (c) The department must conduct the study in consultation |
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51 | 51 | | with the member of the house of representatives who introduced H.B. |
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52 | 52 | | 1120, Acts of the 85th Legislature, Regular Session, 2017, and the |
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53 | 53 | | chair of the House Committee on Licensing and Administrative |
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54 | 54 | | Procedures. |
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55 | 55 | | (d) Not later than November 1, 2018, the department shall |
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56 | 56 | | submit to the legislature a written report of the results of the |
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57 | 57 | | study. |
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58 | 58 | | (e) This section of this Act expires January 1, 2019. |
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59 | 59 | | SECTION 4. Sections 469.102(d) and 469.105, Government |
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60 | 60 | | Code, as amended by this Act, apply only to a building or facility |
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61 | 61 | | for which an application for a building construction permit is |
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62 | 62 | | submitted to a political subdivision on or after the effective date |
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63 | 63 | | of this Act. A building or facility for which an application for a |
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64 | 64 | | building construction permit is submitted to a political |
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65 | 65 | | subdivision before the effective date of this Act is governed by the |
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66 | 66 | | law in effect immediately before the effective date of this Act, and |
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67 | 67 | | that law is continued in effect for that purpose. |
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68 | 68 | | SECTION 5. This Act takes effect September 1, 2017. |
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