CHAPTER 233. COUNTY REGULATION OF HOUSING AND OTHER STRUCTURES
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.