88R4790 SGM-F
By: Reynolds H.B. No. 2408
A BILL TO BE ENTITLED
AN ACT
relating to building codes applicable in the unincorporated areas
of a county; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter F, Chapter 233, Local
Government Code, is amended to read as follows:
SUBCHAPTER F. [RESIDENTIAL] BUILDING CODE STANDARDS APPLICABLE TO
UNINCORPORATED AREAS OF CERTAIN COUNTIES
SECTION 2. Section 233.151, Local Government Code, is
amended to read as follows:
Sec. 233.151. DEFINITIONS. (a) In this subchapter:
(1) "New commercial construction" includes:
(A) construction of a commercial building on a
vacant lot; and
(B) construction of an addition to or a
renovation of an existing commercial building, if the addition or
renovation will increase the square footage or value of the
existing building by more than 50 percent.
(2) "New construction" means new commercial
construction and new residential construction.
(3) "New [, "new] residential construction" includes:
(A) [(1) residential] construction of a
single-family house, a [or] duplex, or other construction defined
as a residential building by the International Residential Code on
a vacant lot; and
(B) [(2)] construction of an addition to or a
renovation of an existing single-family house, a [or] duplex, or
other construction defined as a residential building by the
International Residential Code, if the addition or renovation will
increase the square footage or value of the existing residential
building by more than 50 percent.
(b) The term "new residential construction" does not
include a structure that is constructed in accordance with Chapter
1201, Occupations Code, or a modular home constructed in accordance
with Chapter 1202, Occupations Code.
(c) For purposes of this section, "International
Residential Code" means the International Residential Code as it
existed on January 1, 2023.
SECTION 3. Section 233.153, Local Government Code, is
amended by amending Subsections (a), (b), (d), and (f) and adding
Subsections (b-1) and (g) to read as follows:
(a) Except as provided by Subsection (b-1), new [New]
residential construction [of a single-family house or duplex] in
the unincorporated area of a county to which this subchapter
applies shall conform to the [version of the] International
Residential Code as it existed on January 1, 2023 [published as of
May 1, 2008, or the version of the International Residential Code
that is applicable in the county seat of that county].
(b) Except as provided by Subsection (b-1), new commercial
construction in the unincorporated area of a county to which this
subchapter applies shall conform to the International Building Code
as it existed on January 1, 2023 [Standards required under this
subchapter apply only to new residential construction that begins
after September 1, 2009].
(b-1) The commissioners court of a county may:
(1) adopt and apply a version of the International
Residential Code or the International Building Code published after
January 1, 2023, to new construction; or
(2) establish standards for new construction that
exceed the standards of those codes.
(d) This subchapter may not be construed to:
(1) [require prior approval by the county before the
beginning of new residential construction;
[(2)] authorize the commissioners court of a county to
adopt or enforce zoning regulations; or
(2) [(3)] affect the application of the provisions of
Subchapter B, Chapter 232, to land development.
(f) A county may [not] charge a fee to a person subject to
standards under this subchapter to defray the costs of enforcing
the standards.
(g) The commissioners court of a county may adopt rules
necessary to administer and enforce the standards adopted under
this subchapter.
SECTION 4. Subchapter F, Chapter 233, Local Government
Code, is amended by adding Section 233.1535 to read as follows:
Sec. 233.1535. NOTICE AND PUBLIC COMMENT. (a) A
commissioners court of a county shall publish notice of the
proposed adoption of or amendment to a building code under this
subchapter in a conspicuous location on the county's Internet
website at least 30 days before the date of the adoption of or
amendment to the building code.
(b) The commissioners court shall:
(1) as provided by Section 551.007, Government Code,
allow public testimony regarding the adoption of or amendment to a
building code under this subchapter before formal action is taken
by the commissioners court; and
(2) make a reasonable effort to encourage public
comment from persons affected by the adoption of or amendment to a
building code under this subchapter.
(c) On the written request from five or more persons, the
commissioners court of the county shall hold a public hearing open
to public comment on the proposed adoption of or amendment to a
building code under this subchapter. The hearing must be held on or
before the 14th day before the date the commissioners court adopts
or amends the building code.
SECTION 5. Section 233.154, Local Government Code, is
amended by amending Subsections (a) and (c) and adding Subsections
(a-1) and (a-2) to read as follows:
(a) A person who builds new [residential] construction
[described by Section 233.153] shall have the construction
inspected to ensure building code compliance in accordance with
this section as follows:
(1) for new [residential] construction described by
Section 233.151(a)(1)(A) or (3)(A) [on a vacant lot], a minimum of
three inspections must be performed during the construction project
to ensure code compliance, as applicable, at the following stages
of construction:
(A) the foundation stage, before the placement of
concrete;
(B) the framing and mechanical systems stage,
before covering with drywall or other interior wall covering; and
(C) on completion of construction of the
residence or building; and
(2) for new [residential] construction [of an addition
to an existing residence as] described by Section 233.151(a)(1)(B)
or (3)(B) [233.151(a)(2)], the inspections under Subdivision (1)
must be performed as necessary based on the scope of work of the
construction project.
(a-1) A county may employ a building inspector certified by
the International Code Council to review construction plans and
inspect new construction or shall require[; and
[(3) for new residential construction on a vacant lot
and for construction of an addition to an existing residence, the
builder]:
(1) the builder of new residential construction to
contract for inspection [(A) is responsible for contracting to
perform the inspections required by this subsection] with:
(A) [(i)] a licensed engineer;
(B) [(ii)] a registered architect;
(C) [(iii) a professional inspector licensed by
the Texas Real Estate Commission;
[(iv)] a plumbing inspector employed by a
municipality and licensed by the Texas State Board of Plumbing
Examiners;
(D) [(v)] a building inspector employed by a
political subdivision; or
(E) [(vi)] an individual certified as a
residential combination inspector by the International Code
Council; or
(2) the general contractor for new commercial
construction to contract for inspection with:
(A) a licensed engineer;
(B) a registered architect;
(C) a certified building inspector employed by a
political subdivision; or
(D) an inspector certified by the International
Code Council as a commercial building inspector, commercial
electrical inspector, commercial mechanical inspector, or
commercial plumbing inspector.
(a-2) A builder or general contractor [and
[(B)] may use the same inspector for all the
required inspections or a different inspector for each required
inspection under Subsection (a) if the builder or general
contractor contracts for the inspection.
(c) If required by the county for new residential
construction, not later than the 10th day after the date of the
final inspection under this section, the builder shall submit
notice of the inspection stating whether or not the inspection
showed compliance with the building code standards applicable to
that phase of construction in a form required by the county to:
(1) the county employee, department, or agency
designated by the commissioners court of the county to receive the
information; and
(2) the person for whom the new residential
construction is being built, if different from the builder.
SECTION 6. Section 233.155, Local Government Code, is
amended to read as follows:
Sec. 233.155. ENFORCEMENT OF STANDARDS. (a) If proper
notice for new residential construction is not submitted in
accordance with Section 233.154(c) [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
(2) [(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
compliance with the applicable building code standards, the county
may take either or both of the actions under Subsections (a)(1)
[(a)(2)] and (2) [(3)].
SECTION 7. Sections 233.157(a) and (c), Local Government
Code, are amended to read as follows:
(a) A builder commits an offense if:
(1) the builder fails to provide proper notice in
accordance with Section 233.154(c) [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 compliance with the applicable building
code standards.
(c) An individual who fails to provide proper notice in
accordance with Section 233.154(c) [Sections 233.154(b) and (c)] is
not subject to a penalty under this section [subsection] if:
(1) the new residential construction is built by the
individual or the individual acts as the individual's own
contractor; and
(2) the individual intends to use the residence as the
individual's primary residence.
SECTION 8. Sections 233.154(b) and 233.157(d), Local
Government Code, are repealed.
SECTION 9. Subchapter F, Chapter 233, Local Government
Code, as amended by this Act, applies only to new construction that
commences on or after the effective date of this Act. New
construction that commences before the effective date of this Act
is governed by the law in effect immediately before that date, and
that law is continued in effect for that purpose.
SECTION 10. Section 233.157, Local Government Code, as
amended by this Act, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 11. This Act takes effect January 1, 2024.