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                                                                  S.B. No. 443




AN ACT

relating to the regulation of industrialized buildings.                       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subdivision (2), Section 1202.001, Occupations 
Code, is amended to read as follows:
		(2)  "Construction site [office] building" means a 
commercial structure that is:
			(A)  not open to the public; and                                             
			(B)  used for any purpose [as an office] at a 
commercial site by a person constructing a building, road, bridge, 
utility, or other infrastructure or improvement to real property.
	SECTION 2.  Subsection (d), Section 1202.003, Occupations 
Code, is amended to read as follows:
	(d)  An industrialized building includes a permanent 
commercial structure and a commercial structure designed to be 
transported from one commercial site to another commercial site but 
does not include:
		(1)  a commercial structure that exceeds three stories 
or 49 feet in height as measured from the finished grade elevation 
at the building entrance to the peak of the roof; or
		(2)  a commercial building or structure that is:                       
			(A)  installed in a manner other than on a 
permanent foundation; and
			(B)  either:                                                          
				(i)  not open to the public; or                                      
				(ii)  less than 1,500 square feet in total 
area and used other than as a school or a place of religious 
worship.
	SECTION 3.  Section 1202.203, Occupations Code, is amended 
by amending Subsection (b) and adding Subsection (d) to read as 
follows:
	(b)  An approved third-party inspector shall perform on-site 
inspections of industrialized housing [and buildings] to be located 
outside the municipality.
	(d)  If required by commission rule, an approved third-party 
inspector shall perform on-site inspections of industrialized 
buildings to be located outside the municipality.
	SECTION 4.  Subsection (b), Section 1202.204, Occupations 
Code, is amended to read as follows:
	(b)  The commission by rule shall exempt a construction site 
[office] building from the requirements of this section.
	SECTION 5.  Subsection (c), Section 1202.003, Occupations 
Code, is repealed. 
	SECTION 6.  The changes in law made by this Act apply to any 
building or structure at a commercial site regardless of the date of 
installation of that building or structure.
	SECTION 7.  This Act takes effect September 1, 2005.                           

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 443 passed the Senate on 
April 14, 2005, by the following vote:  Yeas 31, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 443 passed the House on 
May 20, 2005, by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor