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AN ACT
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relating to the regulation of industrialized housing and buildings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1202.002(c), Occupations Code, is |
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amended to read as follows: |
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(c) Industrialized housing does not include: |
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(1) a residential structure that exceeds three stories |
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or 49 feet in height [as measured from the finished grade elevation
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at the building entrance to the peak of the roof]; |
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(2) housing constructed of a sectional or panelized |
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system that does not use a modular component; or |
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(3) a ready-built home constructed in a manner in |
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which the entire living area is contained in a single unit or |
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section at a temporary location for the purpose of selling and |
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moving the home to another location. |
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SECTION 2. Section 1202.003(d), Occupations Code, is |
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amended to read as follows: |
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(d) An industrialized building includes a permanent |
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commercial structure and a commercial structure designed to be |
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transported from one commercial site to another commercial site but |
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does not include: |
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(1) a commercial structure that exceeds three stories |
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or 49 feet in height [as measured from the finished grade elevation
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at the building entrance to the peak of the roof]; or |
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(2) a commercial building or structure that is: |
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(A) installed in a manner other than on a |
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permanent foundation; and |
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(B) either: |
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(i) not open to the public; or |
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(ii) less than 1,500 square feet in total |
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area and used other than as a school or a place of religious |
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worship. |
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SECTION 3. Subchapter A, Chapter 1202, Occupations Code, is |
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amended by adding Section 1202.004 to read as follows: |
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Sec. 1202.004. RELOCATABLE EDUCATIONAL FACILITIES. (a) In |
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this section, "relocatable educational facility" means a portable, |
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modular building capable of being relocated, regardless of whether |
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the facility is built at the installation site, that is used |
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primarily as an educational facility for teaching the curriculum |
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required under Section 28.002, Education Code. |
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(b) A relocatable educational facility that is purchased or |
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leased on or after January 1, 2010, must comply with all provisions |
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applicable to industrialized buildings under this chapter. |
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SECTION 4. Section 1202.1535(b), Occupations Code, is |
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amended to read as follows: |
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(b) The owner of an industrialized building designed to be |
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transported from one commercial site to another that bears an |
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approved decal or insignia indicating the building complies with |
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the mandatory building codes and that is modified or altered after |
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the date the council adopts a new mandatory building code or the |
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council approves a building code amendment must ensure that the |
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modified or altered building complies with the requirements and |
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standards of the new building code or amendment to the extent |
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required by the most recent edition of the International Existing |
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Building Code adopted by the council [:
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[(1)
the entire building complies with the mandatory
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building code or building code amendment if the cost of the
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modification or alteration to the building is at least 50 percent of
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the value of the modules or modular components used in the
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construction of the building; or
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[(2)
the modified or altered portion of the building
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complies with the mandatory building code or building code
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amendment if the cost of the modification or alteration is less than
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50 percent of the value of the modules or modular components]. |
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SECTION 5. Section 46.008(b), Education Code, is repealed. |
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SECTION 6. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2009. |
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(b) Section 5 of this Act takes effect December 31, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2763 was passed by the House on April |
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9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2763 on May 25, 2009, by the following vote: Yeas 145, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2763 was passed by the Senate, with |
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amendments, on May 21, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |