Reynolds Building Code Bill Brings County Codes To Commercial Construction

The text as introduced · 1,842 words

90R2435 CS-F

By: Reynolds
H.B. No. 801

A BILL TO BE ENTITLED

AN ACT

relating to building codes applicable in the unincorporated areas

of a county; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Subchapter F, Chapter 233, Local

Government Code, is amended to read as follows:

SUBCHAPTER F. [ RESIDENTIAL ] BUILDING CODE STANDARDS APPLICABLE TO

UNINCORPORATED AREAS OF CERTAIN COUNTIES

SECTION 2. Section 233.151, Local Government Code, is

amended to read as follows:

Sec. 233.151. DEFINITIONS. (a) In this subchapter :

(1) "New commercial construction" includes:

(A) construction of a commercial building on a

vacant lot; and

(B) construction of an addition to or a

renovation of an existing commercial building, if the addition or

renovation will increase the square footage or value of the

existing building by more than 50 percent.

(2) "New construction" means new commercial

construction and new residential construction.

(3) "New [ , "new ] residential construction" includes:

(A) [ (1) residential ] construction of a

single-family house , a [ or ] duplex , or other construction defined

as a residential building by the International Residential Code on

a vacant lot; and

(B) [ (2) ] construction of an addition to or a

renovation of an existing single-family house , a [ or ] duplex, or

other construction defined as a residential building by the

International Residential Code, if the addition or renovation will

increase the square footage or value of the existing residential

building by more than 50 percent.

(b) The term "new residential construction" 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.

(c) For purposes of this section, "International

Residential Code" means the International Residential Code as it

existed on January 1, 2025.

SECTION 3. Section 233.153, Local Government Code, is

amended by amending Subsections (a), (b), (d), and (f) and adding

Subsections (b-1) and (g) to read as follows:

(a) Except as provided by Subsection (b-1), new [ 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 as it existed on January 1, 2025 [ 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) Except as provided by Subsection (b-1), new commercial

construction in the unincorporated area of a county to which this

subchapter applies shall conform to the International Building Code

as it existed on January 1, 2025 [ Standards required under this

subchapter apply only to new residential construction that begins

after September 1, 2009 ].

(b-1) The commissioners court of a county may:

(1) adopt and apply a version of the International

Residential Code or the International Building Code published after

January 1, 2025, to new construction; or

(2) establish standards for new construction that

exceed the standards of those codes.

(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

(2) [ (3) ] affect the application of the provisions of

Subchapter B or G, Chapter 232, to land development.

(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.

(g) The commissioners court of a county may adopt rules

necessary to administer and enforce the standards adopted under

this subchapter.

SECTION 4. Subchapter F, Chapter 233, Local Government

Code, is amended by adding Section 233.1535 to read as follows:

Sec. 233.1535. NOTICE AND PUBLIC COMMENT. (a) The

commissioners court of a county shall publish notice of the

proposed adoption of or amendment to a building code under this

subchapter in a conspicuous location on the county's Internet

website at least 30 days before the date of the adoption of or

amendment to the building code.

(b) The commissioners court of a county shall:

(1) as provided by Section 551.007, Government Code,

allow public testimony regarding the adoption of or amendment to a

building code under this subchapter before formal action is taken

by the commissioners court; and

(2) make a reasonable effort to encourage public

comment from persons affected by the adoption of or amendment to a

building code under this subchapter.

(c) On the written request from five or more persons, the

commissioners court of a county shall hold a public hearing open to

public comment on the proposed adoption of or amendment to a

building code under this subchapter. The hearing must be held on or

before the 14th day before the date the commissioners court adopts

or amends the building code.

SECTION 5. Section 233.154, Local Government Code, is

amended by amending Subsections (a) and (c) and adding Subsections

(a-1) and (a-2) to read as follows:

(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 described by

Section 233.151(a)(1)(A) or (3)(A) [ 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 or building ; and

(2) for new [ residential ] construction [ of an addition

to an existing residence as ] described by Section 233.151(a)(1)(B)

or (3)(B) [ 233.151(a)(2) ], the inspections under Subdivision (1)

must be performed as necessary based on the scope of work of the

construction project .

(a-1) A county may employ a building inspector certified by

the International Code Council to review construction plans and

inspect new construction or shall require [ ; and

[ (3) for new residential construction on a vacant lot

and for construction of an addition to an existing residence, the

builder ]:

(1) the builder of new residential construction to

contract for inspection [ (A) is responsible for contracting to

perform the inspections required by this subsection ] with:

(A) [ (i) ] a licensed engineer;

(B) [ (ii) ] a registered architect;

(C) [ (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;

(D) [ (v) ] a building inspector employed by a

political subdivision; or

(E) [ (vi) ] an individual certified as a

residential combination inspector by the International Code

Council; or

(2) the general contractor for new commercial

construction to contract for inspection with:

(A) a licensed engineer;

(B) a registered architect;

(C) a certified building inspector employed by a

political subdivision; or

(D) an inspector certified by the International

Code Council as a commercial building inspector, commercial

electrical inspector, commercial mechanical inspector, or

commercial plumbing inspector.

(a-2) A builder or general contractor [ and

[ (B) ] may use the same inspector for all the

required inspections or a different inspector for each required

inspection under Subsection (a) if the builder or general

contractor contracts for the inspection .

(c) If required by the county for new residential

construction , 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.

SECTION 6. Section 233.155, Local Government Code, is

amended to read as follows:

Sec. 233.155. ENFORCEMENT OF STANDARDS. (a) If proper

notice for new residential construction is not submitted in

accordance with Section 233.154(c) [ 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; or

(2) [ (3) ] refer the builder for prosecution under

Section 233.157.

(b) If the notice the builder provided to the county under

Section 233.154(c) does not indicate that the inspection showed

compliance with the applicable building code standards, the county

may take either or both of the actions under Subsections (a)(1)

[ (a)(2) ] and (2) [ (3) ].

SECTION 7. Sections 233.157(a) and (c), Local Government

Code, are amended to read as follows:

(a) A builder commits an offense if:

(1) the builder fails to provide proper notice in

accordance with Section 233.154(c) [ Sections 233.154(b) and (c) ];

or

(2) as provided by Section 233.155(b), the builder

does not provide notice under Section 233.154(c) that indicates

that the inspection showed compliance with the applicable building

code standards.

(c) An individual who fails to provide proper notice in

accordance with Section 233.154(c) [ Sections 233.154(b) and (c) ] is

not subject to a penalty under this section [ 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 8. Sections 233.154(b) and 233.157(d), Local

Government Code, are repealed.

SECTION 9. Subchapter F, Chapter 233, Local Government

Code, as amended by this Act, applies only to new construction that

commences on or after the effective date of this Act. New

construction that commences before the effective date of this Act

is governed by the law in effect immediately before that date, and

that law is continued in effect for that purpose.

SECTION 10. Section 233.157, Local Government Code, as

amended by this Act, applies only to an offense committed on or

after the effective date of this Act. An offense committed before

the effective date of this Act is governed by the law in effect on

the date the offense was committed, and the former law is continued

in effect for that purpose. For purposes of this section, an

offense was committed before the effective date of this Act if any

element of the offense occurred before that date.

SECTION 11. This Act takes effect January 1, 2028.