85R9501 PAM-F     By: King of Parker H.B. No. 2040       A BILL TO BE ENTITLED   AN ACT   relating to the building code standards for new residential   construction in the unincorporated area of certain counties;   creating a criminal offense and affecting the prosecution of a   criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 233.155, Local Government Code, is   amended to read as follows:          Sec. 233.155.  ENFORCEMENT OF STANDARDS. (a) 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; or                (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   substantial compliance with the applicable building code   standards, the county may take either or both of the actions under   Subsections (a)(2) and (3).          (c)  It is an affirmative defense to suit under Subsection   (a)(2) for failure to submit proper notice under Section 233.154(c)   or documentation of substantial compliance under Subsection (b) if   the builder's failure to submit a notice or the documentation is   the result of the failure of the person who performed the inspection   to provide appropriate documentation to the builder for submission   to the county.          SECTION 2.  Section 233.157, Local Government Code, is   amended by amending Subsection (a) and adding Subsection (d) to   read as follows:          (a)  A builder [person] commits an offense if:                (1)  the builder [person] fails to provide proper   notice in accordance with 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 substantial compliance with the   applicable building code standards.          (d)  It is an affirmative defense to prosecution for failure   to submit proper notice under Section 233.154(c) or documentation   of substantial compliance under Section 233.155(b) if the builder's   failure to submit a notice or the documentation is the result of the   failure of the person who performed the inspection to provide   appropriate documentation to the builder for submission to the   county.          SECTION 3.  The changes in law made by this Act apply only to   new residential construction that commences on or after September   1, 2017. New residential construction that commences before   September 1, 2017, is governed by the law in effect immediately   before that date, and that law is continued in effect for that   purpose.          SECTION 4.  This Act takes effect September 1, 2017.