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Killeen Texas Form 5305-SIMPLE: What You Should Know

Information from the Department of Finance and Administration: In December 2023 the Department of Finance and Administration (DFA) released the revised regulations governing the approval of new  certificate of occupancy (CO) applications.  A certificate of occupancy (CO) is an official document that shows the use of a new building.  The purpose of a CO is to indicate that the building is safe to occupy and suitable, or the building remains legal, for  any future use. The DFA updated section 504 of the Texas Property Code to establish the minimum standards for certifying a  new building. The CO's are subject to the same scrutiny as any other CO's approved by the DFA. The  CO's must conform fully with the applicable local building code and be issued in a font size no smaller than that on  the certificate of occupancy. The original Texas Constitution provides that the General Assembly shall not enact a statute that limits the right of an individual to possess, hold, use, acquire, invest, or possess all or part of a general revenue fund.  The Texas Property Code provides that any provision of a CO “shall not be so vague or broad as to be  unreasonable or unjust, nor so broad as to be inconsistent with the intent of the general assembly.” The amended Section 4.02 of Texas Administrative Code, as adopted in Section 4.06 of the Texas Business and  Professional Code, as codified in Section 25.021.02, defines the terms used in this section. The  new language reads as follows: “The term 'general revenue fund' means all public funds and revenue derived exclusively from property other than bonds....” Additionally, any changes made in the CO application after its approval by the DFA must be  consistent with Section 4.02. If you have any questions about the law regarding the use of a CO you may contact the DFA at 1.800.752.7552. Information from the Attorney General's office: The Texas Constitution contains a provision prohibiting the general assembly from  limiting the right of an individual to possess, hold, use, acquire, invest, or possess all or part of property other than a capital fund. Texas Administrative Code § 4102 of the Texas Business and Professional Code sets out the requirements to determine the applicability of the constitution and general law to a particular CO.

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