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  H.B. No. 2833
 
 
 
 
AN ACT
  relating to certain building code standards applicable to the
  unincorporated areas of certain counties; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 233, Local Government Code, is amended
  by adding Subchapter F to read as follows:
  SUBCHAPTER F. RESIDENTIAL BUILDING CODE STANDARDS APPLICABLE TO
  UNINCORPORATED AREAS OF CERTAIN COUNTIES
         Sec. 233.151.  DEFINITIONS. (a) In this subchapter, "new
  residential construction" includes:
               (1)  residential construction of a single-family house
  or duplex on a vacant lot; and
               (2)  construction of an addition to an existing
  single-family house or duplex, if the addition will increase the
  square footage or value of the existing residential building by
  more than 50 percent.
         (b)  The term 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.
         Sec. 233.152.  APPLICABILITY. This subchapter applies only
  to a county that has adopted a resolution or order requiring the
  application of the provisions of this subchapter and that:
               (1)  is located within 50 miles of an international
  border; or
               (2)  has a population of more than 100.
         Sec. 233.153.  BUILDING CODE STANDARDS APPLICABLE. (a) 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
  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)  Standards required under this subchapter apply only to
  new residential construction that begins after September 1, 2009.
         (c)  If a municipality located within a county to which this
  subchapter applies has adopted a building code in the
  municipality's extraterritorial jurisdiction, the building code
  adopted by the municipality controls and building code standards
  under this subchapter have no effect in the municipality's
  extraterritorial jurisdiction.
         (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
               (3)  affect the application of the provisions of
  Subchapter B, Chapter 232, to land development.
         (e)  In the event of a conflict between this subchapter and
  Subchapter B, Chapter 232, the provisions of Subchapter B, Chapter
  232, control.
         (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.
         Sec. 233.154.  INSPECTION AND NOTICE REQUIREMENTS. (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 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;
               (2)  for new residential construction of an addition to
  an existing residence as described by Section 233.151(a)(2), the
  inspections under Subdivision (1) must be performed as necessary
  based on the scope of work of the construction project; and
               (3)  for new residential construction on a vacant lot
  and for construction of an addition to an existing residence, the
  builder:
                     (A)  is responsible for contracting to perform the
  inspections required by this subsection with:
                           (i)  a licensed engineer;
                           (ii)  a registered architect;
                           (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;
                           (v)  a building inspector employed by a
  political subdivision; or
                           (vi)  an individual certified as a
  residential combination inspector by the International Code
  Council; and
                     (B)  may use the same inspector for all the
  required inspections or a different inspector for each required
  inspection.
         (b)  If required by a county to which this subchapter
  applies, before commencing new residential construction, the
  builder shall provide notice to the county on a form prescribed by
  the county of:
               (1)  the location of the new residential construction;
               (2)  the approximate date by which the new residential
  construction will be commenced; and
               (3)  the version of the International Residential Code
  that will be used to construct the new residential construction
  before commencing construction.
         (c)  If required by the county, 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.
         Sec. 233.155.  ENFORCEMENT OF STANDARDS. If proper notice
  is not submitted in accordance with 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;
               (3)  refer the builder for prosecution under Section
  233.157.
         Sec. 233.156.  EXISTING AUTHORITY UNAFFECTED. The authority
  granted by this subchapter does not affect the authority of a
  commissioners court to adopt an order under other law.
         Sec. 233.157.  PENALTY. (a) A person commits an offense if
  the person fails to provide proper notice in accordance with
  Sections 233.154(b) and (c).
         (b)  An offense under this section is a Class C misdemeanor.
         (c)  An individual who fails to provide proper notice in
  accordance with Sections 233.154(b) and (c) is not subject to a
  penalty under this 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 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2833 was passed by the House on April
  30, 2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 2833 on May 29, 2009, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 2833 on May 31, 2009, by the following vote:  Yeas 72,
  Nays 71, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2833 was passed by the Senate, with
  amendments, on May 27, 2009, by the following vote:  Yeas 29, Nays
  1; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  2833 on May 31, 2009, by the following vote:  Yeas 28, Nays 2.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor