85R24106 TJB-D
By: Springer H.B. No. 1120
Substitute the following for H.B. No. 1120:
By: Kuempel C.S.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; requiring a related study.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 3. (a) The Texas Department of Licensing and
Regulation shall conduct a study regarding the effects of the
changes in law made by Sections 469.102(d) and 469.105, Government
Code, as amended by H.B. 1120, Acts of the 85th Legislature, Regular
Session, 2017.
(b) In conducting the study, the department shall compare
the effects of the changes in law in one municipality selected by
the department from each of the following categories to the effects
of those changes in the most populous municipality in this state:
(1) a municipality with a population of more than one
million that is not the most populous municipality in the state;
(2) a municipality with a population of 250,000 or
more but not more than 650,000; and
(3) a municipality located in a rural county with a
population of less than 50,000.
(c) The department must conduct the study in consultation
with the member of the house of representatives who introduced H.B.
1120, Acts of the 85th Legislature, Regular Session, 2017, and the
chair of the House Committee on Licensing and Administrative
Procedures.
(d) Not later than November 1, 2018, the department shall
submit to the legislature a written report of the results of the
study.
(e) This section of this Act expires January 1, 2019.
SECTION 4. Sections 469.102(d) and 469.105, Government
Code, as amended 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.