Sec. 233.157. PENALTY. (a) A builder commits an offense if:
(1) the builder 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 compliance with the applicable building code standards.
(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.
(d) It is an affirmative defense to prosecution for failure to submit proper notice under Section 233.154(c) if the builder's failure to submit a notice 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1318 (H.B. 2833), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 774 (H.B. 2040), Sec. 2, eff. September 1, 2017.
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