Texas 2023 - 88th Regular

Texas House Bill HB2408 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R4790 SGM-F
2	2	By: Reynolds H.B. No. 2408
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to building codes applicable in the unincorporated areas
8	8	of a county; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter F, Chapter 233, Local
11	11	Government Code, is amended to read as follows:
12	12	SUBCHAPTER F. [RESIDENTIAL] BUILDING CODE STANDARDS APPLICABLE TO
13	13	UNINCORPORATED AREAS OF CERTAIN COUNTIES
14	14	SECTION 2. Section 233.151, Local Government Code, is
15	15	amended to read as follows:
16	16	Sec. 233.151. DEFINITIONS. (a) In this subchapter:
17	17	(1) "New commercial construction" includes:
18	18	(A) construction of a commercial building on a
19	19	vacant lot; and
20	20	(B) construction of an addition to or a
21	21	renovation of an existing commercial building, if the addition or
22	22	renovation will increase the square footage or value of the
23	23	existing building by more than 50 percent.
24	24	(2) "New construction" means new commercial
25	25	construction and new residential construction.
26	26	(3) "New [, "new] residential construction" includes:
27	27	(A) [(1) residential] construction of a
28	28	single-family house, a [or] duplex, or other construction defined
29	29	as a residential building by the International Residential Code on
30	30	a vacant lot; and
31	31	(B) [(2)] construction of an addition to or a
32	32	renovation of an existing single-family house, a [or] duplex, or
33	33	other construction defined as a residential building by the
34	34	International Residential Code, if the addition or renovation will
35	35	increase the square footage or value of the existing residential
36	36	building by more than 50 percent.
37	37	(b) The term "new residential construction" does not
38	38	include a structure that is constructed in accordance with Chapter
39	39	1201, Occupations Code, or a modular home constructed in accordance
40	40	with Chapter 1202, Occupations Code.
41	41	(c) For purposes of this section, "International
42	42	Residential Code" means the International Residential Code as it
43	43	existed on January 1, 2023.
44	44	SECTION 3. Section 233.153, Local Government Code, is
45	45	amended by amending Subsections (a), (b), (d), and (f) and adding
46	46	Subsections (b-1) and (g) to read as follows:
47	47	(a) Except as provided by Subsection (b-1), new [New]
48	48	residential construction [of a single-family house or duplex] in
49	49	the unincorporated area of a county to which this subchapter
50	50	applies shall conform to the [version of the] International
51	51	Residential Code as it existed on January 1, 2023 [published as of
52	52	May 1, 2008, or the version of the International Residential Code
53	53	that is applicable in the county seat of that county].
54	54	(b) Except as provided by Subsection (b-1), new commercial
55	55	construction in the unincorporated area of a county to which this
56	56	subchapter applies shall conform to the International Building Code
57	57	as it existed on January 1, 2023 [Standards required under this
58	58	subchapter apply only to new residential construction that begins
59	59	after September 1, 2009].
60	60	(b-1) The commissioners court of a county may:
61	61	(1) adopt and apply a version of the International
62	62	Residential Code or the International Building Code published after
63	63	January 1, 2023, to new construction; or
64	64	(2) establish standards for new construction that
65	65	exceed the standards of those codes.
66	66	(d) This subchapter may not be construed to:
67	67	(1) [require prior approval by the county before the
68	68	beginning of new residential construction;
69	69	[(2)] authorize the commissioners court of a county to
70	70	adopt or enforce zoning regulations; or
71	71	(2) [(3)] affect the application of the provisions of
72	72	Subchapter B, Chapter 232, to land development.
73	73	(f) A county may [not] charge a fee to a person subject to
74	74	standards under this subchapter to defray the costs of enforcing
75	75	the standards.
76	76	(g) The commissioners court of a county may adopt rules
77	77	necessary to administer and enforce the standards adopted under
78	78	this subchapter.
79	79	SECTION 4. Subchapter F, Chapter 233, Local Government
80	80	Code, is amended by adding Section 233.1535 to read as follows:
81	81	Sec. 233.1535. NOTICE AND PUBLIC COMMENT. (a) A
82	82	commissioners court of a county shall publish notice of the
83	83	proposed adoption of or amendment to a building code under this
84	84	subchapter in a conspicuous location on the county's Internet
85	85	website at least 30 days before the date of the adoption of or
86	86	amendment to the building code.
87	87	(b) The commissioners court shall:
88	88	(1) as provided by Section 551.007, Government Code,
89	89	allow public testimony regarding the adoption of or amendment to a
90	90	building code under this subchapter before formal action is taken
91	91	by the commissioners court; and
92	92	(2) make a reasonable effort to encourage public
93	93	comment from persons affected by the adoption of or amendment to a
94	94	building code under this subchapter.
95	95	(c) On the written request from five or more persons, the
96	96	commissioners court of the county shall hold a public hearing open
97	97	to public comment on the proposed adoption of or amendment to a
98	98	building code under this subchapter. The hearing must be held on or
99	99	before the 14th day before the date the commissioners court adopts
100	100	or amends the building code.
101	101	SECTION 5. Section 233.154, Local Government Code, is
102	102	amended by amending Subsections (a) and (c) and adding Subsections
103	103	(a-1) and (a-2) to read as follows:
104	104	(a) A person who builds new [residential] construction
105	105	[described by Section 233.153] shall have the construction
106	106	inspected to ensure building code compliance in accordance with
107	107	this section as follows:
108	108	(1) for new [residential] construction described by
109	109	Section 233.151(a)(1)(A) or (3)(A) [on a vacant lot], a minimum of
110	110	three inspections must be performed during the construction project
111	111	to ensure code compliance, as applicable, at the following stages
112	112	of construction:
113	113	(A) the foundation stage, before the placement of
114	114	concrete;
115	115	(B) the framing and mechanical systems stage,
116	116	before covering with drywall or other interior wall covering; and
117	117	(C) on completion of construction of the
118	118	residence or building; and
119	119	(2) for new [residential] construction [of an addition
120	120	to an existing residence as] described by Section 233.151(a)(1)(B)
121	121	or (3)(B) [233.151(a)(2)], the inspections under Subdivision (1)
122	122	must be performed as necessary based on the scope of work of the
123	123	construction project.
124	124	(a-1) A county may employ a building inspector certified by
125	125	the International Code Council to review construction plans and
126	126	inspect new construction or shall require[; and
127	127	[(3) for new residential construction on a vacant lot
128	128	and for construction of an addition to an existing residence, the
129	129	builder]:
130	130	(1) the builder of new residential construction to
131	131	contract for inspection [(A) is responsible for contracting to
132	132	perform the inspections required by this subsection] with:
133	133	(A) [(i)] a licensed engineer;
134	134	(B) [(ii)] a registered architect;
135	135	(C) [(iii) a professional inspector licensed by
136	136	the Texas Real Estate Commission;
137	137	[(iv)] a plumbing inspector employed by a
138	138	municipality and licensed by the Texas State Board of Plumbing
139	139	Examiners;
140	140	(D) [(v)] a building inspector employed by a
141	141	political subdivision; or
142	142	(E) [(vi)] an individual certified as a
143	143	residential combination inspector by the International Code
144	144	Council; or
145	145	(2) the general contractor for new commercial
146	146	construction to contract for inspection with:
147	147	(A) a licensed engineer;
148	148	(B) a registered architect;
149	149	(C) a certified building inspector employed by a
150	150	political subdivision; or
151	151	(D) an inspector certified by the International
152	152	Code Council as a commercial building inspector, commercial
153	153	electrical inspector, commercial mechanical inspector, or
154	154	commercial plumbing inspector.
155	155	(a-2) A builder or general contractor [and
156	156	[(B)] may use the same inspector for all the
157	157	required inspections or a different inspector for each required
158	158	inspection under Subsection (a) if the builder or general
159	159	contractor contracts for the inspection.
160	160	(c) If required by the county for new residential
161	161	construction, not later than the 10th day after the date of the
162	162	final inspection under this section, the builder shall submit
163	163	notice of the inspection stating whether or not the inspection
164	164	showed compliance with the building code standards applicable to
165	165	that phase of construction in a form required by the county to:
166	166	(1) the county employee, department, or agency
167	167	designated by the commissioners court of the county to receive the
168	168	information; and
169	169	(2) the person for whom the new residential
170	170	construction is being built, if different from the builder.
171	171	SECTION 6. Section 233.155, Local Government Code, is
172	172	amended to read as follows:
173	173	Sec. 233.155. ENFORCEMENT OF STANDARDS. (a) If proper
174	174	notice for new residential construction is not submitted in
175	175	accordance with Section 233.154(c) [Sections 233.154(b) and (c)],
176	176	the county may take any or all of the following actions:
177	177	(1) [refer the inspector to the appropriate regulatory
178	178	authority for discipline;
179	179	[(2)] in a suit brought by the appropriate attorney
180	180	representing the county in the district court, obtain appropriate
181	181	injunctive relief to prevent a violation or threatened violation of
182	182	a standard or notice required under this subchapter from continuing
183	183	or occurring; or
184	184	(2) [(3)] refer the builder for prosecution under
185	185	Section 233.157.
186	186	(b) If the notice the builder provided to the county under
187	187	Section 233.154(c) does not indicate that the inspection showed
188	188	compliance with the applicable building code standards, the county
189	189	may take either or both of the actions under Subsections (a)(1)
190	190	[(a)(2)] and (2) [(3)].
191	191	SECTION 7. Sections 233.157(a) and (c), Local Government
192	192	Code, are amended to read as follows:
193	193	(a) A builder commits an offense if:
194	194	(1) the builder fails to provide proper notice in
195	195	accordance with Section 233.154(c) [Sections 233.154(b) and (c)];
196	196	or
197	197	(2) as provided by Section 233.155(b), the builder
198	198	does not provide notice under Section 233.154(c) that indicates
199	199	that the inspection showed compliance with the applicable building
200	200	code standards.
201	201	(c) An individual who fails to provide proper notice in
202	202	accordance with Section 233.154(c) [Sections 233.154(b) and (c)] is
203	203	not subject to a penalty under this section [subsection] if:
204	204	(1) the new residential construction is built by the
205	205	individual or the individual acts as the individual's own
206	206	contractor; and
207	207	(2) the individual intends to use the residence as the
208	208	individual's primary residence.
209	209	SECTION 8. Sections 233.154(b) and 233.157(d), Local
210	210	Government Code, are repealed.
211	211	SECTION 9. Subchapter F, Chapter 233, Local Government
212	212	Code, as amended by this Act, applies only to new construction that
213	213	commences on or after the effective date of this Act. New
214	214	construction that commences before the effective date of this Act
215	215	is governed by the law in effect immediately before that date, and
216	216	that law is continued in effect for that purpose.
217	217	SECTION 10. Section 233.157, Local Government Code, as
218	218	amended by this Act, applies only to an offense committed on or
219	219	after the effective date of this Act. An offense committed before
220	220	the effective date of this Act is governed by the law in effect on
221	221	the date the offense was committed, and the former law is continued
222	222	in effect for that purpose. For purposes of this section, an
223	223	offense was committed before the effective date of this Act if any
224	224	element of the offense occurred before that date.
225	225	SECTION 11. This Act takes effect January 1, 2024.