Texas 2023 - 88th Regular

Texas House Bill HB152 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R2250 MP-D
2	2	By: Goodwin H.B. No. 152
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of certain counties to adopt and enforce a
8	8	wildland-urban interface code.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter C, Chapter 233, Local
11	11	Government Code, is amended to read as follows:
12	12	SUBCHAPTER C. FIRE AND WILDLAND-URBAN INTERFACE CODES [CODE] IN
13	13	UNINCORPORATED AREA
14	14	SECTION 2. Subchapter C, Chapter 233, Local Government
15	15	Code, is amended by adding Section 233.0611 to read as follows:
16	16	Sec. 233.0611. AUTHORITY TO ADOPT AND ENFORCE
17	17	WILDLAND-URBAN INTERFACE CODE. (a) The commissioners court of a
18	18	county with a population of one million or more may adopt a
19	19	wildland-urban interface code and rules necessary to administer and
20	20	enforce the wildland-urban interface code.
21	21	(b) Except as provided by Subsection (d), a wildland-urban
22	22	interface code adopted under this section must:
23	23	(1) conform to the International Wildland-Urban
24	24	Interface Code, as published by the International Code Council, as
25	25	the code existed on May 1, 2023; or
26	26	(2) establish protective measures that exceed the
27	27	standards of the code described by Subdivision (1).
28	28	(c) A wildland-urban interface code adopted under this
29	29	section:
30	30	(1) may apply only in the unincorporated area of the
31	31	county; and
32	32	(2) may apply to only a portion of the unincorporated
33	33	area of the county.
34	34	(d) A wildland-urban interface code adopted under this
35	35	section may not require the use of a building product or material
36	36	that is not readily available in this state.
37	37	(e) A commissioners court may adopt:
38	38	(1) local amendments to a wildland-urban interface
39	39	code and procedures for adopting those amendments; and
40	40	(2) later editions of a wildland-urban interface code
41	41	described by Subsection (b)(1).
42	42	(f) The commissioners court and any municipality in the
43	43	county may contract with one another for the administration and
44	44	enforcement of the county's wildland-urban interface code.
45	45	(g) To the extent of any conflict between a wildland-urban
46	46	interface code adopted under this section and a fire code adopted by
47	47	an emergency services district under Section 775.036, Health and
48	48	Safety Code, the more stringent provision prevails.
49	49	(h) A wildland-urban interface code does not apply to an
50	50	industrial facility having a fire brigade that conforms to
51	51	requirements of the Occupational Safety and Health Administration.
52	52	(i) The commissioners court shall:
53	53	(1) publish notice of the proposed adoption or
54	54	amendment of a wildland-urban interface code under this section in
55	55	a conspicuous location on the county's Internet website at least 30
56	56	days before the date of the adoption of or amendment to the code;
57	57	(2) as provided by Section 551.007, Government Code,
58	58	allow public testimony regarding the adoption or amendment of a
59	59	wildland-urban interface code under this section before formal
60	60	action by the commissioners court; and
61	61	(3) make a reasonable effort to encourage public
62	62	comment from persons affected by the adoption or amendment of a
63	63	wildland-urban interface code under this section.
64	64	SECTION 3. Sections 233.063(a) and (c), Local Government
65	65	Code, are amended to read as follows:
66	66	(a) A person may not construct or substantially improve a
67	67	building subject to a code adopted under this subchapter [described
68	68	by Section 233.062(a)] in an unincorporated area of the county
69	69	unless the person obtains a building permit issued in accordance
70	70	with this subchapter.
71	71	(c) Within 30 days after the date the commissioners court
72	72	receives an application and fee in accordance with Subsection (b),
73	73	the commissioners court shall:
74	74	(1) issue the permit if the plan complies with the
75	75	applicable codes adopted under this subchapter [fire code]; or
76	76	(2) deny the permit if the plan does not comply with
77	77	the applicable codes adopted under this subchapter [fire code].
78	78	SECTION 4. Sections 233.064(a), (d), (f), (g), and (h),
79	79	Local Government Code, are amended to read as follows:
80	80	(a) The county shall inspect a building subject to this
81	81	subchapter to determine whether the building complies with the
82	82	applicable codes adopted under this subchapter [fire code].
83	83	(d) On or before the date that construction or substantial
84	84	improvement of a building subject to this subchapter is completed,
85	85	the owner of the building shall request in writing that the county
86	86	inspect the building for compliance with the applicable codes [fire
87	87	code].
88	88	(f) The county shall issue a final certificate of compliance
89	89	to the owner of a building inspected under this section if the
90	90	inspector determines, after an inspection of the completed
91	91	building, that the building complies with the applicable codes
92	92	[fire code]. For a building or complex of buildings involving
93	93	phased completion or build-out, the county may issue a partial
94	94	certificate of compliance for any portion of the building or
95	95	complex the inspector determines is in substantial compliance with
96	96	the applicable codes [fire code].
97	97	(g) If the inspector determines, after an inspection of the
98	98	completed building, that the building does not comply with the
99	99	applicable codes [fire code], the county may:
100	100	(1) deny the certificate of compliance; or
101	101	(2) issue a conditional or partial certificate of
102	102	compliance and allow the building to be occupied.
103	103	(h) A county that issues a conditional certificate of
104	104	compliance under Subsection (g) shall notify the owner of the
105	105	building of the violations of the applicable codes [fire code] and
106	106	establish a reasonable time to remedy the violations. A county may
107	107	revoke a conditional certificate of compliance if the owner does
108	108	not remedy the violations within the time specified on the
109	109	conditional certificate of compliance.
110	110	SECTION 5. Sections 233.065(c) and (d), Local Government
111	111	Code, are amended to read as follows:
112	112	(c) The county shall deposit fees received under this
113	113	subchapter in a special fund in the county treasury, and money in
114	114	that fund may be used only for the administration and enforcement of
115	115	a [the fire] code adopted under this subchapter.
116	116	(d) The fee for an [a fire code] inspection under this
117	117	subchapter must be reasonable and reflect the approximate cost of
118	118	the inspection personnel, materials, and administrative overhead.
119	119	SECTION 6. Section 233.066, Local Government Code, is
120	120	amended to read as follows:
121	121	Sec. 233.066. INJUNCTION. The appropriate attorney
122	122	representing the county in the district court may seek injunctive
123	123	relief to prevent the violation or threatened violation of a [the
124	124	fire] code adopted under this subchapter.
125	125	SECTION 7. Section 233.067(a), Local Government Code, is
126	126	amended to read as follows:
127	127	(a) The appropriate attorney representing the county in
128	128	civil cases may file a civil action in a court of competent
129	129	jurisdiction to recover from a person who violates a [the fire] code
130	130	adopted under this subchapter a civil penalty in an amount not to
131	131	exceed $200 for each day on which the violation exists. In
132	132	determining the amount of the penalty, the court shall consider the
133	133	seriousness of the violation.
134	134	SECTION 8. This Act takes effect September 1, 2023.