Texas 2019 - 86th Regular

Texas House Bill HB291 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Springer H.B. No. 291
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the authority of a political subdivision to issue a
7	7	building construction permit or final certificate of occupancy for
8	8	a building or facility required to meet certain accessibility
9	9	standards; providing an administrative penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 469, Government Code, is
12	12	amended by adding Section 469.0585 to read as follows:
13	13	Sec. 469.0585. BUILDING CONSTRUCTION PERMITS AND FINAL
14	14	CERTIFICATES OF OCCUPANCY; ADMINISTRATIVE PENALTY. (a) The
15	15	commission shall impose an administrative penalty under Subchapter
16	16	F, Chapter 51, Occupations Code, on a political subdivision that
17	17	issues a building construction permit or a final certificate of
18	18	occupancy in violation of Section 469.102 or 469.105.
19	19	(b) Notwithstanding Section 51.302, Occupations Code, the
20	20	total amount of an administrative penalty under this section is the
21	21	amount calculated by multiplying the population of the political
22	22	subdivision by one cent.
23	23	(c) An administrative penalty collected under this section
24	24	may be appropriated only to the trusteed programs within the office
25	25	of the governor for the purpose of informing organizations and the
26	26	general public of disability issues.
27	27	SECTION 2. Section 469.102(d), Government Code, is amended
28	28	to read as follows:
29	29	(d) A public official of a political subdivision who is
30	30	legally authorized to issue building construction permits may not
31	31	accept an application for a building construction permit for a
32	32	building or facility subject to Section 469.101 unless the
33	33	applicant submits verification to the official that:
34	34	(1) [official verifies that] the building or facility
35	35	has been registered with the department as provided by rule; and
36	36	(2) the plans and specifications for the building or
37	37	facility have been submitted to the department as required by
38	38	Subsection (c).
39	39	SECTION 3. Section 469.105, Government Code, is amended by
40	40	adding Subsection (c) to read as follows:
41	41	(c) A political subdivision may not issue a final
42	42	certificate of occupancy to the owner of a building or facility
43	43	described by Section 469.101 unless the owner provides to the
44	44	political subdivision a report or letter from a person or entity
45	45	described by Subsection (b) indicating that the building or
46	46	facility has been inspected by the person or entity and is in
47	47	compliance with the requirements of this chapter.
48	48	SECTION 4. The changes in law made by this Act apply only to
49	49	a building or facility for which an application for a building
50	50	construction permit is submitted to a political subdivision on or
51	51	after the effective date of this Act. A building or facility for
52	52	which an application for a building construction permit is
53	53	submitted to a political subdivision before the effective date of
54	54	this Act is governed by the law in effect immediately before the
55	55	effective date of this Act, and that law is continued in effect for
56	56	that purpose.
57	57	SECTION 5. This Act takes effect September 1, 2019.