85R9501 PAM-F
By: Nichols S.B. No. 1456
A BILL TO BE ENTITLED
AN ACT
relating to the building code standards for new residential
construction in the unincorporated area of certain counties;
creating a criminal offense and affecting the prosecution of a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 233.155, Local Government Code, is
amended to read as follows:
Sec. 233.155. ENFORCEMENT OF STANDARDS. (a) If proper
notice is not submitted in accordance with Sections 233.154(b) and
(c), the county may take any or all of the following actions:
(1) refer the inspector to the appropriate regulatory
authority for discipline;
(2) in a suit brought by the appropriate attorney
representing the county in the district court, obtain appropriate
injunctive relief to prevent a violation or threatened violation of
a standard or notice required under this subchapter from continuing
or occurring; or
(3) refer the builder for prosecution under Section
233.157.
(b) If the notice the builder provided to the county under
Section 233.154(c) does not indicate that the inspection showed
substantial compliance with the applicable building code
standards, the county may take either or both of the actions under
Subsections (a)(2) and (3).
(c) It is an affirmative defense to suit under Subsection
(a)(2) for failure to submit proper notice under Section 233.154(c)
or documentation of substantial compliance under Subsection (b) if
the builder's failure to submit a notice or the documentation is
the result of the failure of the person who performed the inspection
to provide appropriate documentation to the builder for submission
to the county.
SECTION 2. Section 233.157, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) A builder [person] commits an offense if:
(1) the builder [person] fails to provide proper
notice in accordance with Sections 233.154(b) and (c); or
(2) as provided by Section 233.155(b), the builder
does not provide notice under Section 233.154(c) that indicates
that the inspection showed substantial compliance with the
applicable building code standards.
(d) It is an affirmative defense to prosecution for failure
to submit proper notice under Section 233.154(c) or documentation
of substantial compliance under Section 233.155(b) if the builder's
failure to submit a notice or the documentation is the result of the
failure of the person who performed the inspection to provide
appropriate documentation to the builder for submission to the
county.
SECTION 3. The changes in law made by this Act apply only to
new residential construction that commences on or after September
1, 2017. New residential construction that commences before
September 1, 2017, is governed by the law in effect immediately
before that date, and that law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2017.