Texas 2025 - 89th Regular

Texas House Bill HB882 Compare Versions

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

Old	New	Differences
1	1	89R4541 CS-F
2	2	By: Reynolds H.B. No. 882
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to building codes applicable in the unincorporated areas
10	10	of a county; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Subchapter F, Chapter 233, Local
13	13	Government Code, is amended to read as follows:
14	14	SUBCHAPTER F. [RESIDENTIAL] BUILDING CODE STANDARDS APPLICABLE TO
15	15	UNINCORPORATED AREAS OF CERTAIN COUNTIES
16	16	SECTION 2. Section 233.151, Local Government Code, is
17	17	amended to read as follows:
18	18	Sec. 233.151. DEFINITIONS. (a) In this subchapter:
19	19	(1) "New commercial construction" includes:
20	20	(A) construction of a commercial building on a
21	21	vacant lot; and
22	22	(B) construction of an addition to or a
23	23	renovation of an existing commercial building, if the addition or
24	24	renovation will increase the square footage or value of the
25	25	existing building by more than 50 percent.
26	26	(2) "New construction" means new commercial
27	27	construction and new residential construction.
28	28	(3) "New [, "new] residential construction" includes:
29	29	(A) [(1) residential] construction of a
30	30	single-family house, a [or] duplex, or other construction defined
31	31	as a residential building by the International Residential Code on
32	32	a vacant lot; and
33	33	(B) [(2)] construction of an addition to or a
34	34	renovation of an existing single-family house, a [or] duplex, or
35	35	other construction defined as a residential building by the
36	36	International Residential Code, if the addition or renovation will
37	37	increase the square footage or value of the existing residential
38	38	building by more than 50 percent.
39	39	(b) The term "new residential construction" does not
40	40	include a structure that is constructed in accordance with Chapter
41	41	1201, Occupations Code, or a modular home constructed in accordance
42	42	with Chapter 1202, Occupations Code.
43	43	(c) For purposes of this section, "International
44	44	Residential Code" means the International Residential Code as it
45	45	existed on January 1, 2025.
46	46	SECTION 3. Section 233.153, Local Government Code, is
47	47	amended by amending Subsections (a), (b), (d), and (f) and adding
48	48	Subsections (b-1) and (g) to read as follows:
49	49	(a) Except as provided by Subsection (b-1), new [New]
50	50	residential construction [of a single-family house or duplex] in
51	51	the unincorporated area of a county to which this subchapter
52	52	applies shall conform to the [version of the] International
53	53	Residential Code as it existed on January 1, 2025 [published as of
54	54	May 1, 2008, or the version of the International Residential Code
55	55	that is applicable in the county seat of that county].
56	56	(b) Except as provided by Subsection (b-1), new commercial
57	57	construction in the unincorporated area of a county to which this
58	58	subchapter applies shall conform to the International Building Code
59	59	as it existed on January 1, 2025 [Standards required under this
60	60	subchapter apply only to new residential construction that begins
61	61	after September 1, 2009].
62	62	(b-1) The commissioners court of a county may:
63	63	(1) adopt and apply a version of the International
64	64	Residential Code or the International Building Code published after
65	65	January 1, 2025, to new construction; or
66	66	(2) establish standards for new construction that
67	67	exceed the standards of those codes.
68	68	(d) This subchapter may not be construed to:
69	69	(1) [require prior approval by the county before the
70	70	beginning of new residential construction;
71	71	[(2)] authorize the commissioners court of a county to
72	72	adopt or enforce zoning regulations; or
73	73	(2) [(3)] affect the application of the provisions of
74	74	Subchapter B, Chapter 232, to land development.
75	75	(f) A county may [not] charge a fee to a person subject to
76	76	standards under this subchapter to defray the costs of enforcing
77	77	the standards.
78	78	(g) The commissioners court of a county may adopt rules
79	79	necessary to administer and enforce the standards adopted under
80	80	this subchapter.
81	81	SECTION 4. Subchapter F, Chapter 233, Local Government
82	82	Code, is amended by adding Section 233.1535 to read as follows:
83	83	Sec. 233.1535. NOTICE AND PUBLIC COMMENT. (a) A
84	84	commissioners court of a county shall publish notice of the
85	85	proposed adoption of or amendment to a building code under this
86	86	subchapter in a conspicuous location on the county's Internet
87	87	website at least 30 days before the date of the adoption of or
88	88	amendment to the building code.
89	89	(b) The commissioners court shall:
90	90	(1) as provided by Section 551.007, Government Code,
91	91	allow public testimony regarding the adoption of or amendment to a
92	92	building code under this subchapter before formal action is taken
93	93	by the commissioners court; and
94	94	(2) make a reasonable effort to encourage public
95	95	comment from persons affected by the adoption of or amendment to a
96	96	building code under this subchapter.
97	97	(c) On the written request from five or more persons, the
98	98	commissioners court of the county shall hold a public hearing open
99	99	to public comment on the proposed adoption of or amendment to a
100	100	building code under this subchapter. The hearing must be held on or
101	101	before the 14th day before the date the commissioners court adopts
102	102	or amends the building code.
103	103	SECTION 5. Section 233.154, Local Government Code, is
104	104	amended by amending Subsections (a) and (c) and adding Subsections
105	105	(a-1) and (a-2) to read as follows:
106	106	(a) A person who builds new [residential] construction
107	107	[described by Section 233.153] shall have the construction
108	108	inspected to ensure building code compliance in accordance with
109	109	this section as follows:
110	110	(1) for new [residential] construction described by
111	111	Section 233.151(a)(1)(A) or (3)(A) [on a vacant lot], a minimum of
112	112	three inspections must be performed during the construction project
113	113	to ensure code compliance, as applicable, at the following stages
114	114	of construction:
115	115	(A) the foundation stage, before the placement of
116	116	concrete;
117	117	(B) the framing and mechanical systems stage,
118	118	before covering with drywall or other interior wall covering; and
119	119	(C) on completion of construction of the
120	120	residence or building; and
121	121	(2) for new [residential] construction [of an addition
122	122	to an existing residence as] described by Section 233.151(a)(1)(B)
123	123	or (3)(B) [233.151(a)(2)], the inspections under Subdivision (1)
124	124	must be performed as necessary based on the scope of work of the
125	125	construction project.
126	126	(a-1) A county may employ a building inspector certified by
127	127	the International Code Council to review construction plans and
128	128	inspect new construction or shall require[; and
129	129	[(3) for new residential construction on a vacant lot
130	130	and for construction of an addition to an existing residence, the
131	131	builder]:
132	132	(1) the builder of new residential construction to
133	133	contract for inspection [(A) is responsible for contracting to
134	134	perform the inspections required by this subsection] with:
135	135	(A) [(i)] a licensed engineer;
136	136	(B) [(ii)] a registered architect;
137	137	(C) [(iii) a professional inspector licensed by
138	138	the Texas Real Estate Commission;
139	139	[(iv)] a plumbing inspector employed by a
140	140	municipality and licensed by the Texas State Board of Plumbing
141	141	Examiners;
142	142	(D) [(v)] a building inspector employed by a
143	143	political subdivision; or
144	144	(E) [(vi)] an individual certified as a
145	145	residential combination inspector by the International Code
146	146	Council; or
147	147	(2) the general contractor for new commercial
148	148	construction to contract for inspection with:
149	149	(A) a licensed engineer;
150	150	(B) a registered architect;
151	151	(C) a certified building inspector employed by a
152	152	political subdivision; or
153	153	(D) an inspector certified by the International
154	154	Code Council as a commercial building inspector, commercial
155	155	electrical inspector, commercial mechanical inspector, or
156	156	commercial plumbing inspector.
157	157	(a-2) A builder or general contractor [and
158	158	[(B)] may use the same inspector for all the
159	159	required inspections or a different inspector for each required
160	160	inspection under Subsection (a) if the builder or general
161	161	contractor contracts for the inspection.
162	162	(c) If required by the county for new residential
163	163	construction, not later than the 10th day after the date of the
164	164	final inspection under this section, the builder shall submit
165	165	notice of the inspection stating whether or not the inspection
166	166	showed compliance with the building code standards applicable to
167	167	that phase of construction in a form required by the county to:
168	168	(1) the county employee, department, or agency
169	169	designated by the commissioners court of the county to receive the
170	170	information; and
171	171	(2) the person for whom the new residential
172	172	construction is being built, if different from the builder.
173	173	SECTION 6. Section 233.155, Local Government Code, is
174	174	amended to read as follows:
175	175	Sec. 233.155. ENFORCEMENT OF STANDARDS. (a) If proper
176	176	notice for new residential construction is not submitted in
177	177	accordance with Section 233.154(c) [Sections 233.154(b) and (c)],
178	178	the county may take any or all of the following actions:
179	179	(1) [refer the inspector to the appropriate regulatory
180	180	authority for discipline;
181	181	[(2)] in a suit brought by the appropriate attorney
182	182	representing the county in the district court, obtain appropriate
183	183	injunctive relief to prevent a violation or threatened violation of
184	184	a standard or notice required under this subchapter from continuing
185	185	or occurring; or
186	186	(2) [(3)] refer the builder for prosecution under
187	187	Section 233.157.
188	188	(b) If the notice the builder provided to the county under
189	189	Section 233.154(c) does not indicate that the inspection showed
190	190	compliance with the applicable building code standards, the county
191	191	may take either or both of the actions under Subsections (a)(1)
192	192	[(a)(2)] and (2) [(3)].
193	193	SECTION 7. Sections 233.157(a) and (c), Local Government
194	194	Code, are amended to read as follows:
195	195	(a) A builder commits an offense if:
196	196	(1) the builder fails to provide proper notice in
197	197	accordance with Section 233.154(c) [Sections 233.154(b) and (c)];
198	198	or
199	199	(2) as provided by Section 233.155(b), the builder
200	200	does not provide notice under Section 233.154(c) that indicates
201	201	that the inspection showed compliance with the applicable building
202	202	code standards.
203	203	(c) An individual who fails to provide proper notice in
204	204	accordance with Section 233.154(c) [Sections 233.154(b) and (c)] is
205	205	not subject to a penalty under this section [subsection] if:
206	206	(1) the new residential construction is built by the
207	207	individual or the individual acts as the individual's own
208	208	contractor; and
209	209	(2) the individual intends to use the residence as the
210	210	individual's primary residence.
211	211	SECTION 8. Sections 233.154(b) and 233.157(d), Local
212	212	Government Code, are repealed.
213	213	SECTION 9. Subchapter F, Chapter 233, Local Government
214	214	Code, as amended by this Act, applies only to new construction that
215	215	commences on or after the effective date of this Act. New
216	216	construction that commences before the effective date of this Act
217	217	is governed by the law in effect immediately before that date, and
218	218	that law is continued in effect for that purpose.
219	219	SECTION 10. Section 233.157, Local Government Code, as
220	220	amended by this Act, applies only to an offense committed on or
221	221	after the effective date of this Act. An offense committed before
222	222	the effective date of this Act is governed by the law in effect on
223	223	the date the offense was committed, and the former law is continued
224	224	in effect for that purpose. For purposes of this section, an
225	225	offense was committed before the effective date of this Act if any
226	226	element of the offense occurred before that date.
227	227	SECTION 11. This Act takes effect January 1, 2026.