Texas 2009 - 81st Regular

Texas House Bill HB554 Compare Versions

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Old	New	Differences
1	1	81R13876 PAM-F
2	2	By: Menendez H.B. No. 554
3	3	Substitute the following for H.B. No. 554:
4	4	By: Pierson C.S.H.B. No. 554
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the adoption and amendment of model building codes by
10	10	certain municipalities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter G, Chapter 214, Local Government
13	13	Code, is amended by adding Sections 214.217 and 214.218 to read as
14	14	follows:
15	15	Sec. 214.217. NOTICE REGARDING MODEL CODE ADOPTION OR
16	16	AMENDMENT IN CERTAIN MUNICIPALITIES. (a) In this section,
17	17	"national model code" means a publication that is developed,
18	18	promulgated, and periodically updated at a national level by
19	19	organizations consisting of industry and government fire and
20	20	building safety officials through a legislative or consensus
21	21	process and that is intended for consideration by units of
22	22	government as local law. National model codes include the
23	23	International Residential Code, the National Electrical Code, and
24	24	the International Building Code.
25	25	(b) This section applies only to a municipality with a
26	26	population of more than 100,000.
27	27	(c) On or before the 21st day before the date the governing
28	28	body of a municipality takes action to consider, review, and
29	29	recommend the adoption of or amendment to a national model code
30	30	governing the construction, renovation, use, or maintenance of
31	31	buildings and building systems in the municipality, the governing
32	32	body shall publish notice of the proposed action conspicuously on
33	33	the municipality's Internet website.
34	34	(d) The governing body of the municipality shall make a
35	35	reasonable effort to encourage public comment from persons affected
36	36	by the proposed adoption of or amendment to a national model code
37	37	under this section.
38	38	(e) On the written request from five or more persons, the
39	39	governing body of the municipality shall hold a public hearing open
40	40	to public comment on the proposed adoption of or amendment to a
41	41	national model code under this section. The hearing must be held on
42	42	or before the 14th day before the date the governing body adopts the
43	43	ordinance that adopts or amends a national model code under this
44	44	section.
45	45	(f) If the governing body of a municipality has established
46	46	an advisory board or substantially similar entity for the purpose
47	47	of obtaining public comment on the proposed adoption of or
48	48	amendment to a national model code, this section does not apply.
49	49	Sec. 214.218. IMMEDIATE EFFECT OF CERTAIN CODES OR
50	50	PROVISIONS DELAYED. (a) In this section, "national model code" has
51	51	the meaning assigned by Section 214.217.
52	52	(b) Except as provided by Subsection (c), the governing body
53	53	of a municipality with a population of more than 100,000 that adopts
54	54	an ordinance or national model code provision that is intended to
55	55	govern the construction, renovation, use, or maintenance of
56	56	buildings and building systems in the municipality shall delay
57	57	implementing and enforcing the ordinance or code provision for at
58	58	least 30 days after final adoption to permit persons affected to
59	59	comply with the ordinance or code provision.
60	60	(c) If a delay in implementing or enforcing the ordinance or
61	61	code provision would cause imminent harm to the health or safety of
62	62	the public, the municipality may enforce the ordinance or code
63	63	provision immediately on the effective date of the ordinance or
64	64	code provision.
65	65	SECTION 2. This Act takes effect immediately if it receives
66	66	a vote of two-thirds of all the members elected to each house, as
67	67	provided by Section 39, Article III, Texas Constitution. If this
68	68	Act does not receive the vote necessary for immediate effect, this
69	69	Act takes effect September 1, 2009.