CHAPTER 233. COUNTY REGULATION OF HOUSING AND OTHER STRUCTURES - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND

RELATED ACTIVITIES

SUBTITLE B. COUNTY REGULATORY AUTHORITY

CHAPTER 233. COUNTY REGULATION OF HOUSING AND OTHER STRUCTURES

SUBCHAPTER A. DANGEROUS SUBSTANCES

Sec. 233.001. REQUIRING REPAIR, REMOVAL, OR DEMOLITION OF

BUILDING OR OTHER STRUCTURE. (a) If the commissioners court of

a county that borders the Gulf of Mexico and is adjacent to a

county with a population of more than 2.5 million finds that a

bulkhead or other method of shoreline protection, hereafter

called "structure," in an unincorporated area of the county is

likely to endanger persons or property, the commissioners may:

(1) order the owner of the structure, the owner's agent, or the

owner or occupant of the property on which the structure is

located to repair, remove, or demolish the structure or the part

of the structure within a specified time; or

(2) repair, remove, or demolish the structure or the part of the

structure at the expense of the county on behalf of the owner of

the structure or the owner of the property on which the structure

is located and assess the repair, removal, or demolition expenses

on the property on which the structure was located.

(b) The commissioners court shall provide by order for:

(1) the assessment of repair, removal, or demolition expenses

incurred under Subsection (a)(2);

(2) a method of giving notice of the assessment; and

(3) a method of recovering the expenses.

(c) Promptly after the assessment, the county must file for

record, in recordable form in the office of the county clerk in

which the property is located, a written notice of the imposition

of a lien, if any, that is imposed on the property. The notice

must contain a legal description of the property, the amount of

the assessment, and the owner if known. The lien arises and

attaches to the property at the time the notice of the assessment

is recorded and indexed in the office of the county clerk in the

county in which the property is located. The notice to secure the

assessment is inferior to any previously recorded bona fide

mortgage lien attached to the property to which the county's lien

attaches if the mortgage lien was filed for record in the office

of the county clerk of the county in which the property is

located before the date the notice is recorded and indexed in the

office of the county clerk. The assessment lien is superior to

all other previously recorded judgment liens.

(d) A person commits an offense if the person does not comply

with an order issued under Subsection (a)(1). An offense under

this section is a Class C misdemeanor.

(e) This section does not apply to a:

(1) residential building; or

(2) building or other structure that is owned or held in trust

by the state or a political subdivision of this state; or

(3) building or structure used on or in connection with an

agricultural operation.

Added by Acts 1995, 74th Leg., ch. 762, Sec. 1, eff. June 16,

1995. Renumbered from Sec. 239.001 by Acts 2001, 77th Leg., ch.

1420, Sec. 14.002(4), eff. Sept. 1, 2001.

SUBCHAPTER B. BUILDING AND SETBACK LINES

Sec. 233.031. AUTHORITY LIMITED TO UNINCORPORATED AREAS;

CONFLICT WITH MUNICIPAL AUTHORITY. (a) The authority under this

subchapter to establish building and set-back lines applies only

to areas outside the corporate limits of municipalities.

(b) If the lines conflict with lines adopted by a municipality,

the municipal lines prevail if they are in the extraterritorial

jurisdiction of the municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 54(d), eff. Aug, 28,

1989. Renumbered from Sec. 233.001 and amended by Acts 2001,

77th Leg., ch. 1420, Sec. 12.002(3), eff. Sept. 1, 2001.

Sec. 233.032. POWERS AND DUTIES OF COMMISSIONERS COURT. (a) If

the commissioners court of a county determines that the general

welfare will be promoted, the court may:

(1) establish by order building or set-back lines on the public

roads, including major highways and roads, in the county; and

(2) prohibit the location of a new building within those

building or set-back lines.

(b) A building or set-back line established under this

subchapter may not extend:

(1) more than 25 feet from the edge of the right-of-way on all

public roads other than major highways and roads; or

(2) more than 50 feet from the edge of the right-of-way of major

highways and roads.

(c) The commissioners court may designate the public roads that

are major highways and roads.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 54(d), eff. Aug. 28,

1989. Renumbered from Sec. 233.002 and amended by Acts 2001, 77th

Leg., ch; 1420, Sec. 12.002(3), eff. Sept. 1, 2001.

Sec. 233.033. HEARING; ADOPTION OF LINES. (a) Before the

establishment or change of building or set-back lines, the

commissioners court must hold at least one public hearing on the

establishment or change. The court shall publish notice of the

time and place of the hearing in a newspaper of general

circulation in the county before the 15th day before the date of

the hearing. The court may adjourn the hearing from time to time.

(b) The commissioners court may establish or change a building

or set-back line only by an order passed by at least a majority

vote of the full membership of the court.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 54(d), eff. Aug. 28,

1989. Renumbered from Sec. 233.003 by Acts 2001, 77th Leg., ch.

1420, Sec. 12.002(3), eff. Sept. 1, 2001.

Sec. 233.034. NOTICE; LIMITATIONS PERIOD. (a) An owner of real

property that fronts along a road that has a building or set-back

line established under this subchapter is charged with notice of

the building or set-back line order.

(b) The commissioners court shall show in a general manner each

building or set-back line established under this subchapter on a

map. The map shall be filed with the county clerk.

(c) If the county does not begin the construction of the

improvement or widening of a road along which a building or

set-back line has been established within four years after the

date the building or set-back line is established, the building

or set-back line becomes void, unless the county and the affected

property owners agree to extend the time period for the

improvements or widening.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 54(d), eff. Aug. 28,

1989. Renumbered from Sec. 233.004 and amended by Acts 2001, 77th

Leg., ch; 1420, Sec. 12.002(3), eff. Sept. 1, 2001.

Sec. 233.035. BOARD OF BUILDING LINE ADJUSTMENT. (a) The

commissioners court may appoint a board of building line

adjustment consisting of five freeholders of the county. Members

must be appointed for staggered terms of two years, with two

members' terms expiring in one year and three members' terms

expiring the next year. However, in making the initial

appointments, the commissioners court shall designate two members

for one-year terms and three members for two-year terms. The

court may remove a member for cause on a written charge after a

public hearing. The court shall fill a vacancy on the board for

the unexpired term of the member whose term becomes vacant.

(b) The board shall elect its own chairman and shall adopt rules

of procedure. The meetings of the board are open to the public.

The board shall keep minutes of its proceedings that shall be

filed in the board's office. The minutes of board meetings

constitute a public record.

(c) Subject to appropriate conditions and safeguards, the board

may modify or vary the regulations affecting building or set-back

lines in a case in which unnecessary hardship may result from a

literal enforcement of those regulations, in order to do

substantial justice and to observe the purpose of the regulations

in protecting the public welfare and safety.

(d) The board shall hear and decide an appeal in a case in

which, because of exceptional narrowness, shallowness, shape,

topography, existing building development, or another exceptional

and extraordinary situation or condition of a specific piece of

property, the strict application of a building line established

under this subchapter would result in peculiar and exceptional

difficulties or hardships to the owner of the property. On

appeal, the board may authorize a variance from the strict

application of the regulation, under conditions imposed by the

board, to relieve the hardship or difficulty if that relief can

be granted without substantially impairing the intent and purpose

of the building line or set-back line.

(e) With appropriate safeguards, the board shall authorize the

construction of an improvement or a structure that may encroach

on a building or set-back line. However, if the county proceeds

with projected improvements of the affected road within the time

provided by Section 233.034(c), the owner of the improvement or

structure must remove it at no expense to the county.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Sec. 233.005 and amended by Acts 2001, 77th Leg.,

ch; 1420, Sec. 12.002(3), eff. Sept. 1, 2001.

Sec. 233.036. ENFORCEMENT. If a structure is erected,

constructed, or reconstructed in violation of a building or

set-back line established under this subchapter, the

commissioners court, the district or county attorney, or an owner

of real property in the county may institute an injunction,

mandamus, abatement, or other appropriate action to prevent,

abate, remove, or enjoin the unlawful erection, construction, or

reconstruction.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Sec. 233.006 and amended by Acts 2001, 77th Leg.,

ch; 1420, Sec. 12.002(3), eff. Sept. 1, 2001.

Sec. 233.037. APPEAL. (a) An owner of property who is

aggrieved by an action or order adopted by the board of building

line adjustment may appeal to the commissioners court. The person

must bring the appeal within 30 days after the date the action or

order was adopted.

(b) A property owner in the county who is aggrieved by a final

order of the board or of the commissioners court may appeal to

the district court or to another court with proper jurisdiction.

The appellant must bring the appeal within 30 days after the date

on which the final order in question was adopted. The appellant

must execute an appeal bond in an amount fixed by the court.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Sec. 233.007 by Acts 2001, 77th Leg., ch. 1420,

Sec. 12.002(3), eff. Sept. 1, 2001.

SUBCHAPTER C. FIRE CODE IN UNINCORPORATED AREA

Sec. 233.061. AUTHORITY TO ADOPT AND ENFORCE FIRE CODE. (a)

The commissioners court of a county with a population of over

250,000 or a county adjacent to a county with a population of

over 250,000 may adopt a fire code and rules necessary to

administer and enforce the fire code.

(b) The commissioners court, or any municipality in the county,

may contract with one another for the administration and

enforcement of the fire code.

Added by Acts 1989, 71st Leg., ch. 296, Sec. 1, eff. Jan. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 598, Sec. 1, eff. June

11, 1997. Renumbered from Sec. 235.001 by Acts 2001, 77th Leg.,

ch. 1420, Sec. 12.003(4), eff. Sept. 1, 2001.

Sec. 233.0615. DEFINITIONS; SUBSTANTIAL IMPROVEMENT;

CONSTRUCTION. (a) In this subchapter:

(1) "Building" includes an establishment or multifamily

dwelling.

(2) "Substantial improvement" means:

(A) the repair, restoration, reconstruction, improvement, or

remodeling of a building for which the cost exceeds 50 percent of

the building's value according to the certified tax appraisal

roll for the county for the year preceding the year in which the

work was begun; or

(B) a change in occupancy classification involving a change in

the purpose or level of activity in a building, including the

renovation of a warehouse into a loft apartment.

(b) For purposes of this subchapter, substantial improvement

begins on the date that the repair, restoration, reconstruction,

improvement, or remodeling or the change in occupancy

classification begins or on the date materials are first

delivered for that purpose.

(c) For purposes of this subchapter, construction begins on the

date that ground is broken for a building, or if no ground is

broken, on the date that:

(1) the first materials are added to the original property;

(2) foundation pilings are installed on the original property;

or

(3) a manufactured building or relocated structure is placed on

a foundation on the original property.

Added by Acts 2005, 79th Leg., Ch.

331, Sec. 1, eff. June 17, 2005.

Sec. 233.062. APPLICATION AND CONTENT OF FIRE CODE. (a) The

fire code applies only to the following buildings constructed in

an unincorporated area of the county:

(1) a commercial establishment;

(2) a public building; and

(3) a multifamily residential dwelling consisting of four or

more units.

(b) The fire code does not apply to an industrial facility

having a fire brigade that conforms to requirements of the

Occupational Health and Safety Administration.

(c) The fire code must:

(1) conform to:

(A) the International Fire Code, as published by the

International Code Council, as the code existed on May 1, 2005;

or

(B) the Uniform Fire Code, as published by the National Fire

Protection Association, as the code existed on May 1, 2005; or

(2) establish protective measures that exceed the standards of

the codes described by Subdivision (1).

(d) The commissioners court may adopt later editions of a fire

code listed in Subsection (c).

Added by Acts 1989, 71st Leg., ch. 296, Sec. 1, eff. Jan. 1,

1991. Renumbered from Sec. 235.002 by Acts 2001, 77th Leg., ch.

1420, Sec. 12.003(4), eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

331, Sec. 2, eff. June 17, 2005.

Sec. 233.063. BUILDING PERMIT; APPLICATION. (a) A person may

not construct or substantially improve a building described by

Section 233.062(a) in an unincorporated area of the county unless

the person obtains a building permit issued in accordance with

this subchapter.

(b) A person may apply for a building permit by providing to the

commissioners court:

(1) a plan of the proposed building containing information

required by the commissioners court; and

(2) an application fee in an amount set by the commissioners

court.

(c) Within 30 days after the date the commissioners court

receives an application and fee in accordance with Subsection

(b), the commissioners court shall:

(1) issue the permit if the plan complies with the fire code; or

(2) deny the permit if the plan does not comply with the fire

code.

(d) If the commissioners court receives an application and fee

in accordance with Subsection (b) and the commissioners court

does not issue the permit or deny the application within 30 days

after receiving the application and fee, the construction or

substantial improvement of the building that is the subject of

the application is approved for the purposes of this subchapter.

Added by Acts 1989, 71st Leg., ch. 296, Sec. 1, eff. Jan. 1,

1991. Renumbered from Sec. 235.003 and amended by Acts 2001, 77th

Leg., ch; 1420, Sec. 12.003(4), eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

331, Sec. 3, eff. June 17, 2005.

Sec. 233.064. INSPECTIONS. (a) The county shall inspect a

building subject to this subchapter to determine whether the

building complies with the fire code.

(b) The commissioners court may provide that a county employee

or an employee of another governmental entity under

intergovernmental contract may perform the inspection.

(c) A building inspector may enter and perform the inspection at

a reasonable time at any stage of the building's construction or

substantial improvement and after completion of the building.

(d) On or before the date that construction or substantial

improvement of a building subject to this subchapter is

completed, the owner of the building shall request in writing

that the county inspect the building for compliance with the fire

code.

(e) The county shall begin the inspection of the building within

five business days after the date of the receipt of the written

inspection request. If an inspection is properly requested and

the county does not begin the inspection within the time

permitted by this subsection, the building that is the subject of

the request is considered approved for the purposes of this

subchapter.

(f) The county shall issue a final certificate of compliance to

the owner of a building inspected under this section if the

inspector determines, after an inspection of the completed

building, that the building complies with the fire code.

(g) If the inspector determines, after an inspection of the

completed building, that the building does not comply with the

fire code:

(1) the county shall deny the certificate of compliance; and

(2) the building may not be occupied.

Added by Acts 1989, 71st Leg., ch. 296, Sec. 1, eff. Jan. 1,

1991. Renumbered from Sec. 235.004 and amended by Acts 2001, 77th

Leg., ch; 1420, Sec. 12.003(4), eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

331, Sec. 4, eff. June 17, 2005.

Sec. 233.065. FEES. (a) The commissioners court may develop a

fee schedule based on building type and may set and charge fees

for an inspection and the issuance of a building permit and final

certificate of compliance under this subchapter.

(b) The fees must be set in amounts necessary to cover the cost

of administering and enforcing this subchapter.

(c) The county shall deposit fees received under this subchapter

in a special fund in the county treasury, and money in that fund

may be used only for the administration and enforcement of the

fire code.

(d) The fee for a fire code inspection under this subchapter

must be reasonable and reflect the approximate cost of the

inspection personnel, materials, and administrative overhead.

Added by Acts 1989, 71st Leg., ch. 296, Sec. 1, eff. Jan. 1,

1991. Renumbered from Sec. 235.005 and amended by Acts 2001, 77th

Leg., ch; 1420, Sec. 12.003(4), eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

331, Sec. 5, eff. June 17, 2005.

Sec. 233.066. INJUNCTION. The appropriate attorney representing

the county in the district court may seek injunctive relief to

prevent the violation or threatened violation of the fire code.

Added by Acts 1989, 71st Leg., ch. 296, Sec. 1, eff. Jan. 1,

1991. Renumbered from Sec. 235.006 by Acts 2001, 77th Leg., ch.

1420, Sec. 12.003(4), eff. Sept. 1, 2001.

Sec. 233.067. CIVIL PENALTY. (a) The appropriate attorney

representing the county in civil cases may file a civil action in

a court of competent jurisdiction to recover from a person who

violates the fire code a civil penalty in an amount not to exceed

$200 for each day on which the violation exists. In determining

the amount of the penalty, the court shall consider the

seriousness of the violation.

(b) The county shall deposit amounts collected under this

section in the fund and for the purposes described by Section

233.065(c).

Added by Acts 1989, 71st Leg., ch. 296, Sec. 1, eff. Jan. 1,

1991. Renumbered from Sec. 235.007 and amended by Acts 2001, 77th

Leg., ch; 1420, Sec. 12.003(4), eff. Sept. 1, 2001.

SUBCHAPTER D. ALARM SYSTEMS

Sec. 233.091. DEFINITIONS. In this subchapter:

(1) "Alarm site" means the specific property or area of the

premises on or within which an alarm system is installed or

placed.

(2) "Alarm system" means an alarm signal device, burglar alarm,

heat or motion sensor, or other electrical, mechanical, or

electronic device used:

(A) to prevent or detect burglary, theft, pilferage, fire, or

other loss of property;

(B) to prevent or detect intrusion; or

(C) primarily to detect and summon aid for other emergencies.

(3) "False alarm" means an alarm signal received by a law

enforcement official that is later determined not to involve a

criminal offense, attempted criminal offense, fire, or other

emergency.

Added by Acts 1991, 72nd Leg., ch. 147, Sec. 1, eff. Sept. 1,

1991. Renumbered from Sec. 237.001 and amended by Acts 2001, 77th

Leg., ch; 1420, Sec. 12.003(5), eff. Sept. 1, 2001.

Sec. 233.092. AUTHORITY TO REGULATE; ADOPTION OF RULES. (a)

The commissioners court of a county by order may authorize the

sheriff of a county to:

(1) propose rules to implement this subchapter;

(2) regulate the incidence of and response to false alarms in

accordance with the rules proposed by the sheriff and adopted or

modified by the commissioners court under this subchapter;

(3) establish procedures for application for and renewal and

revocation of an alarm system permit;

(4) establish procedures that include notice to the permit

holder and an opportunity for a hearing for permit revocation or

suspension if the permit holder violates this subchapter or an

order of the commissioners court or a rule adopted under this

subchapter;

(5) establish fees in accordance with this subchapter for the

issuance of the permits;

(6) require that any permit issued under this subchapter be kept

at the alarm site and produced for inspection on request of the

sheriff or the sheriff's representative;

(7) require that a permit must be issued and unrevoked before a

sheriff or other law enforcement official may respond; and

(8) establish a number of free false alarms for each category of

alarm system and impose a service response fee for any alarm in

excess of the number of free responses within the preceding

12-month period.

(b) Repealed by Acts 2005, 79th Leg., Ch. 1296, Sec. 5, eff.

June 18, 2005.

(c) A penalty or fee imposed for a false alarm must be

established by rule based on the type and level of emergency

response provided. The fee for more than five false alarms shall

not exceed $75 per false alarm above the number of free

responses. If there are more than nine false alarms in a one-year

period, the alarm system permit may be revoked.

(d) Notwithstanding the other provisions of this section, the

owner or lessee of premises on which an alarm system is installed

may be charged the full costs incurred by the county when the

owner or lessee or the agent or employee of the owner or lessee

intentionally or knowingly activates the alarm system for any

reason other than an emergency or threat of an emergency of the

kind for which the alarm system was designed to give notice.

(e) The sheriff or the sheriff's representative shall provide a

copy of the rules to a person and assess a fee for the copy in

accordance with Chapter 552, Government Code.

Added by Acts 1991, 72nd Leg., ch. 147, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88),

eff. Sept. 1, 1995. Renumbered from Sec. 237.002 and amended by

Acts 2001, 77th Leg., ch; 1420, Sec. 12.003(5), eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1296, Sec. 5, eff. June 18, 2005.

Sec. 233.093. PERMIT REQUIRED; EXCEPTIONS. (a) In a county in

which the sheriff regulates alarm systems under this subchapter,

a person may not use an alarm system without a permit issued in

accordance with this subchapter.

(b) This subchapter does not apply to:

(1) emergency response systems managed by health care facilities

licensed by the Texas Department of Health; or

(2) alarm systems installed on:

(A) a motor vehicle;

(B) premises occupied by the United States, this state, or the

county; or

(C) premises located in an incorporated area within the county.

Added by Acts 1991, 72nd Leg., ch. 147, Sec. 1, eff. Sept. 1,

1991. Renumbered from Sec. 237.003 and amended by Acts 2001, 77th

Leg., ch; 1420, Sec. 12.003(5), eff. Sept. 1, 2001.

Sec. 233.094. PERMIT FEES. (a) The sheriff of a county who

regulates alarm systems under this subchapter may authorize the

county auditor to assess and collect fees for the issuance or

renewal of a permit under this subchapter in reasonable amounts

set by the commissioners court.

(b) All fees received under this subchapter shall be remitted to

the county treasurer to be deposited to the credit of the general

fund of the county.

Added by Acts 1991, 72nd Leg., ch. 147, Sec. 1, eff. Sept. 1,

1991. Renumbered from Sec. 237.004 and amended by Acts 2001, 77th

Leg., ch; 1420, Sec. 12.003(5), eff. Sept. 1, 2001.

Sec. 233.095. MUNICIPAL AUTHORITY UNAFFECTED. This subchapter

does not affect the authority of a municipality in the county to

enact ordinances regulating alarm systems.

Added by Acts 1991, 72nd Leg., ch. 147, Sec. 1, eff. Sept. 1,

1991. Renumbered from Sec. 237.005 and amended by Acts 2001, 77th

Leg., ch; 1420, Sec. 12.003(5), eff. Sept. 1, 2001.

Sec. 233.096. CRIMINAL PENALTY. (a) A person who violates this

subchapter, an order of the commissioners court, or a rule

adopted under this subchapter commits an offense.

(b) An offense under this section is a Class C misdemeanor.

Added by Acts 1991, 72nd Leg., ch. 147, Sec. 1, eff. Sept. 1,

1991. Renumbered from Sec. 237.006 and amended by Acts 2001, 77th

Leg., ch; 1420, Sec. 12.003(5), eff. Sept. 1, 2001.

Sec. 233.097. COUNTY LIABILITY. The county, the commissioners

court, the sheriff, and the sheriff's employees or agents are not

liable for an action arising out of the regulation of or failure

to regulate alarm systems.

Added by Acts 1991, 72nd Leg., ch. 147, Sec. 1, eff. Sept. 1,

1991. Renumbered from Sec. 237.007 by Acts 2001, 77th Leg., ch.

1420, Sec. 12.003(5), eff. Sept. 1, 2001.

Sec. 233.098. ENFORCED COLLECTION. The appropriate attorney

representing the county may file a civil action in a court of

competent jurisdiction to recover a penalty or fee imposed by a

county under this subchapter.

Added by Acts 2005, 79th Leg., Ch.

1296, Sec. 3, eff. June 18, 2005.

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1318, Sec. 1, eff. September 1, 2009.

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1318, Sec. 1, eff. September 1, 2009.

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1318, Sec. 1, eff. September 1, 2009.

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1318, Sec. 1, eff. September 1, 2009.

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1318, Sec. 1, eff. September 1, 2009.

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1318, Sec. 1, eff. September 1, 2009.

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1318, Sec. 1, eff. September 1, 2009.

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

Sec. 233.901. TIME FOR ISSUANCE OF COUNTY BUILDING PERMIT. (a)

This section applies only to a permit required by a county with a

population of 3.3 million or more to construct or improve a

building or other structure in the county, but does not apply to

a permit for an on-site sewage disposal system.

(b) Not later than the 45th day after the date an application

for a permit is submitted, the county must:

(1) grant or deny the permit;

(2) provide written notice to the applicant stating the reasons

why the county has been unable to act on the permit application;

or

(3) reach a written agreement with the applicant providing for a

deadline for granting or denying the permit.

(c) For a permit application for which notice is provided under

Subsection (b)(2), the county must grant or deny the permit not

later than the 30th day after the date the notice is received.

(d) If a county fails to act on a permit application in the time

required by Subsection (c) or by an agreement under Subsection

(b)(3), the county:

(1) may not collect any permit fees associated with the

application; and

(2) shall refund to the applicant any permit fees associated

with the application that have been collected.

Added by Acts 2005, 79th Leg., Ch.

918, Sec. 1, eff. September 1, 2005.