Texas 2019 - 86th Regular

Texas House Bill HB4080 Compare Versions

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

Old	New	Differences
1	1	86R5557 MP-F
2	2	By: Dominguez H.B. No. 4080
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the applicability and enforcement of building and fire
8	8	codes in the unincorporated areas of a county; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 233.061(a), Local Government Code, is
11	11	amended to read as follows:
12	12	(a) The commissioners court of a county [with a population
13	13	of over 250,000 or a county adjacent to a county with a population
14	14	of over 250,000] may adopt a fire code and rules necessary to
15	15	administer and enforce the fire code.
16	16	SECTION 2. Sections 233.062(a) and (c), Local Government
17	17	Code, are amended to read as follows:
18	18	(a) The fire code applies only to the following buildings
19	19	constructed in an unincorporated area of the county:
20	20	(1) a commercial establishment;
21	21	(2) a public building; and
22	22	(3) a single or multifamily residential dwelling
23	23	[consisting of four or more units].
24	24	(c) Except as provided by Subsection (d), the [The] fire
25	25	code must:
26	26	(1) conform to:
27	27	(A) the International Fire Code, as published by
28	28	the International Code Council, as the code existed on May 1, 2015
29	29	[2005]; or
30	30	(B) the Uniform Fire Code, as published by the
31	31	National Fire Protection Association, as the code existed on May 1,
32	32	2015 [2005]; or
33	33	(2) establish protective measures that exceed the
34	34	standards of the codes described by Subdivision (1).
35	35	SECTION 3. Section 233.064(b), Local Government Code, is
36	36	amended to read as follows:
37	37	(b) The commissioners court may provide that a county
38	38	employee, [or] an employee of another governmental entity under
39	39	intergovernmental contract, or an approved third-party inspector
40	40	may perform the inspection.
41	41	SECTION 4. The heading to Subchapter F, Chapter 233, Local
42	42	Government Code, is amended to read as follows:
43	43	SUBCHAPTER F. [RESIDENTIAL] BUILDING CODE STANDARDS APPLICABLE TO
44	44	UNINCORPORATED AREAS OF CERTAIN COUNTIES
45	45	SECTION 5. Section 233.151, Local Government Code, is
46	46	amended to read as follows:
47	47	Sec. 233.151. DEFINITIONS. (a) In this subchapter:
48	48	(1) "New commercial construction" includes:
49	49	(A) commercial construction of a building on a
50	50	vacant lot; and
51	51	(B) construction of an addition to or a
52	52	renovation of an existing commercial building, if the addition or
53	53	renovation will increase the square footage or value of the
54	54	existing building by more than 50 percent.
55	55	(2) "New construction" means new commercial
56	56	construction and new residential construction.
57	57	(3) "New [, "new] residential construction" includes:
58	58	(A) [(1)] residential construction of a
59	59	single-family house, a [or] duplex, or a multifamily building not
60	60	more than three stories high on a vacant lot; and
61	61	(B) [(2)] construction of an addition to or a
62	62	renovation of an existing single-family house, a [or] duplex, or a
63	63	multifamily building not more than three stories high, if the
64	64	addition or renovation will increase the square footage or value of
65	65	the existing residential building by more than 50 percent.
66	66	(b) The term "new residential construction" does not
67	67	include a structure that is constructed in accordance with Chapter
68	68	1201, Occupations Code, or a modular home constructed in accordance
69	69	with Chapter 1202, Occupations Code.
70	70	SECTION 6. Section 233.153, Local Government Code, is
71	71	amended by amending Subsections (a), (b), (d), and (f) and adding
72	72	Subsections (b-1) and (g) to read as follows:
73	73	(a) Except as provided by Subsection (b-1), new [New]
74	74	residential construction [of a single-family house or duplex] in
75	75	the unincorporated area of a county to which this subchapter
76	76	applies shall conform to the version of the International
77	77	Residential Code published as of May 1, 2015 [2008, or the version
78	78	of the International Residential Code that is applicable in the
79	79	county seat of that county].
80	80	(b) Except as provided by Subsection (b-1), new commercial
81	81	construction in the unincorporated area of a county shall conform
82	82	to the version of the International Building Code published as of
83	83	May 1, 2015 [Standards required under this subchapter apply only to
84	84	new residential construction that begins after September 1, 2009].
85	85	(b-1) The commissioners court of a county may:
86	86	(1) adopt and apply later versions of the
87	87	International Residential Code or the International Building Code
88	88	to new construction; or
89	89	(2) establish standards for new construction that
90	90	exceed the standards of those codes.
91	91	(d) This subchapter may not be construed to:
92	92	(1) [require prior approval by the county before the
93	93	beginning of new residential construction;
94	94	[(2)] authorize the commissioners court of a county to
95	95	adopt or enforce zoning regulations; or
96	96	(2) [(3)] affect the application of the provisions of
97	97	Subchapter B, Chapter 232, to land development.
98	98	(f) A county may [not] charge a fee to a person subject to
99	99	standards under this subchapter to defray the costs of enforcing
100	100	the standards.
101	101	(g) The commissioners court of a county may adopt rules
102	102	necessary to administer and enforce the building code standards
103	103	adopted under this subchapter.
104	104	SECTION 7. Section 233.154, Local Government Code, is
105	105	amended by amending Subsections (a) and (c) and adding Subsections
106	106	(a-1) and (a-2) to read as follows:
107	107	(a) A person who builds new [residential] construction
108	108	[described by Section 233.153] shall have the construction
109	109	inspected to ensure building code compliance in accordance with
110	110	this section as follows:
111	111	(1) for new [residential] construction as described by
112	112	Section 233.151(a)(1)(A) or (3)(A) [on a vacant lot], a minimum of
113	113	three inspections must be performed during the construction project
114	114	to ensure code compliance, as applicable, at the following stages
115	115	of construction:
116	116	(A) the foundation stage, before the placement of
117	117	concrete;
118	118	(B) the framing and mechanical systems stage,
119	119	before covering with drywall or other interior wall covering; and
120	120	(C) on completion of construction of the
121	121	residence or building; and
122	122	(2) for new [residential] construction [of an addition
123	123	to an existing residence] as described by Section 233.151(a)(1)(B)
124	124	or (3)(B) [233.151(a)(2)], the inspections under Subdivision (1)
125	125	must be performed as necessary based on the scope of work of the
126	126	construction project.
127	127	(a-1) A county shall employ a building inspector certified
128	128	by the International Code Council to review construction plans and
129	129	inspect new construction or shall require[; and
130	130	[(3) for new residential construction on a vacant lot
131	131	and for construction of an addition to an existing residence, the
132	132	builder]:
133	133	(1) the builder of new residential construction to
134	134	contract for inspection [(A) is responsible for contracting to
135	135	perform the inspections required by this subsection] with:
136	136	(A) [(i)] a licensed engineer;
137	137	(B) [(ii)] a registered architect;
138	138	(C) [(iii) a professional inspector licensed by
139	139	the Texas Real Estate Commission;
140	140	[(iv)] a plumbing inspector employed by a
141	141	municipality and licensed by the Texas State Board of Plumbing
142	142	Examiners;
143	143	(D) [(v)] a building inspector employed by a
144	144	political subdivision; or
145	145	(E) [(vi)] an individual certified as a
146	146	residential combination inspector by the International Code
147	147	Council; or
148	148	(2) the general contractor for new commercial
149	149	construction to contract for inspection with:
150	150	(A) a licensed engineer;
151	151	(B) a registered architect;
152	152	(C) a certified building inspector employed by a
153	153	political subdivision; or
154	154	(D) an inspector certified by the International
155	155	Code Council as a commercial building inspector, commercial
156	156	electrical inspector, commercial mechanical inspector, or
157	157	commercial plumbing inspector.
158	158	(a-2) A builder or general contractor [and
159	159	[(B)] may use the same inspector for all the
160	160	required inspections or a different inspector for each required
161	161	inspection under Subsection (a) if the builder or general
162	162	contractor contracts for the inspection.
163	163	(c) If required by the county for new residential
164	164	construction, not later than the 10th day after the date of the
165	165	final inspection under this section, the builder shall submit
166	166	notice of the inspection stating whether or not the inspection
167	167	showed compliance with the building code standards applicable to
168	168	that phase of construction in a form required by the county to:
169	169	(1) the county employee, department, or agency
170	170	designated by the commissioners court of the county to receive the
171	171	information; and
172	172	(2) the person for whom the new residential
173	173	construction is being built, if different from the builder.
174	174	SECTION 8. Sections 233.155(a) and (b), Local Government
175	175	Code, are amended to read as follows:
176	176	(a) If proper notice for new residential construction is not
177	177	submitted in accordance with Section 233.154(c) [Sections
178	178	233.154(b) and (c)], the county may take any or all of the following
179	179	actions:
180	180	(1) [refer the inspector to the appropriate regulatory
181	181	authority for discipline;
182	182	[(2)] in a suit brought by the appropriate attorney
183	183	representing the county in the district court, obtain appropriate
184	184	injunctive relief to prevent a violation or threatened violation of
185	185	a standard or notice required under this subchapter from continuing
186	186	or occurring; or
187	187	(2) [(3)] refer the builder for prosecution under
188	188	Section 233.157.
189	189	(b) If the notice the builder provided to the county under
190	190	Section 233.154(c) does not indicate that the inspection showed
191	191	compliance with the applicable building code standards, the county
192	192	may take either or both of the actions under Subsections (a)(1)
193	193	[(a)(2)] and (2) [(3)].
194	194	SECTION 9. Sections 233.157(a) and (c), Local Government
195	195	Code, are amended to read as follows:
196	196	(a) A builder commits an offense if:
197	197	(1) the builder fails to provide proper notice in
198	198	accordance with Section 233.154(c) [Sections 233.154(b) and (c)];
199	199	or
200	200	(2) as provided by Section 233.155(b), the builder
201	201	does not provide notice under Section 233.154(c) that indicates
202	202	that the inspection showed compliance with the applicable building
203	203	code standards.
204	204	(c) An individual who fails to provide proper notice in
205	205	accordance with Section 233.154(c) [Sections 233.154(b) and (c)] is
206	206	not subject to a penalty under this subsection if:
207	207	(1) the new residential construction is built by the
208	208	individual or the individual acts as the individual's own
209	209	contractor; and
210	210	(2) the individual intends to use the residence as the
211	211	individual's primary residence.
212	212	SECTION 10. Sections 233.154(b) and 233.157(d), Local
213	213	Government Code, are repealed.
214	214	SECTION 11. The changes in law made by this Act apply only
215	215	to new construction that commences on or after January 1, 2020. New
216	216	construction that commences before January 1, 2020, is governed by
217	217	the law in effect immediately before that date, and that law is
218	218	continued in effect for that purpose.
219	219	SECTION 12. This Act takes effect January 1, 2020.