HB882 - Relating to building codes applicable in the unincorporated areas of a county; authorizing a fee.

  89R4541 CS-F     By: Reynolds H.B. No. 882       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, 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) A   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 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 the 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. 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