| 1 | 1 | | 88R979 MP-F |
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| 2 | 2 | | By: Cortez H.B. No. 318 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a county to require a person to obtain |
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| 8 | 8 | | a building permit for certain portable structures. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter Z, Chapter 233, Local Government |
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| 11 | 11 | | Code, is amended by adding Section 233.902 to read as follows: |
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| 12 | 12 | | Sec. 233.902. PORTABLE STRUCTURE FOR PERIODIC SALE OF |
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| 13 | 13 | | RETAIL GOODS. (a) Notwithstanding any other law and except as |
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| 14 | 14 | | provided by Subsection (b), a county may not require a person to |
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| 15 | 15 | | obtain a building permit to construct, improve, or occupy a |
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| 16 | 16 | | structure used for the retail sale of goods not more than 60 days in |
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| 17 | 17 | | a calendar year if the structure is: |
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| 18 | 18 | | (1) portable; and |
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| 19 | 19 | | (2) smaller than 500 square feet. |
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| 20 | 20 | | (b) This section does not prevent a county from enforcing a |
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| 21 | 21 | | fire code adopted by the county or inspecting a structure for a fire |
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| 22 | 22 | | or life safety hazard as authorized by other law. |
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| 23 | 23 | | SECTION 2. This Act takes effect immediately if it receives |
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| 24 | 24 | | a vote of two-thirds of all the members elected to each house, as |
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| 25 | 25 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 26 | 26 | | Act does not receive the vote necessary for immediate effect, this |
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| 27 | 27 | | Act takes effect September 1, 2023. |
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