Texas 2009 - 81st Regular

Texas Senate Bill SB1995 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R617 PAM-F
2	2	By: Gallegos S.B. No. 1995
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the adoption of uniform residential building codes by
8	8	political subdivisions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 214.212(a) and (d), Local Government
11	11	Code, are amended to read as follows:
12	12	(a) To protect the public health, safety, and welfare, the
13	13	International Residential Code, as it existed on May 1, 2008
14	14	[2001], is adopted as a municipal residential building code in this
15	15	state.
16	16	(d) A municipality may review and consider amendments made
17	17	by the International Code Council to the International Residential
18	18	Code after May 1, 2008 [2001].
19	19	SECTION 2. Section 214.214(a), Local Government Code, is
20	20	amended to read as follows:
21	21	(a) Except as provided by Subsection (c), the National
22	22	Electrical Code, as it existed on May 1, 2008 [2001], is adopted as
23	23	the municipal electrical construction code in this state and
24	24	applies to all residential and commercial electrical construction
25	25	applications.
26	26	SECTION 3. Sections 214.216(a) and (d), Local Government
27	27	Code, are amended to read as follows:
28	28	(a) To protect the public health, safety, and welfare, the
29	29	International Building Code, as it existed on May 1, 2008 [2003], is
30	30	adopted as a municipal commercial building code in this state.
31	31	(d) A municipality may review and consider amendments made
32	32	by the International Code Council to the International Building
33	33	Code after May 1, 2008 [2003].
34	34	SECTION 4. Subchapter G, Chapter 214, Local Government
35	35	Code, is amended by adding Section 214.217 to read as follows:
36	36	Sec. 214.217. CONFLICTS WITH OTHER BUILDING CODES. A
37	37	building-related code adopted by state statute, including the
38	38	energy code adopted by Chapter 388, Health and Safety Code,
39	39	prevails to the extent of any conflict with an ordinance, including
40	40	a local amendment to a code, adopted under this subchapter.
41	41	SECTION 5. Chapter 233, Local Government Code, is amended
42	42	by adding Subchapter E to read as follows:
43	43	SUBCHAPTER E. BUILDING CODES IN CERTAIN COUNTIES
44	44	Sec. 233.151. APPLICABILITY. This subchapter applies only
45	45	to a county with a population of 25,000 or more any part of which is
46	46	located within 100 miles of the Gulf of Mexico.
47	47	Sec. 233.152. DEFINITIONS. In this subchapter:
48	48	(1) "International Residential Code" means the
49	49	International Residential Code for One- and Two-Family Dwellings
50	50	promulgated by the International Code Council.
51	51	(2) "National Electrical Code" means the electrical
52	52	code published by the National Fire Protection Association.
53	53	(3) "Residential" means having the character of a
54	54	detached one-family or two-family dwelling or a multiple
55	55	single-family dwelling that is not more than three stories high
56	56	with separate means of egress, including the accessory structures
57	57	of the dwelling, and that does not have the character of a facility
58	58	used for the accommodation of transient guests or a structure in
59	59	which medical, rehabilitative, or assisted living services are
60	60	provided in connection with the occupancy of the structure.
61	61	Sec. 233.153. INTERNATIONAL RESIDENTIAL CODE. (a) To
62	62	protect the public health, safety, and welfare, each county subject
63	63	to this subchapter by order shall adopt the International
64	64	Residential Code, as it existed on May 1, 2008, as a residential
65	65	building code in the unincorporated area of the county.
66	66	(b) The International Residential Code applies to all
67	67	construction, alteration, remodeling, enlargement, and repair of
68	68	residential structures in the unincorporated area of the county.
69	69	(c) The county may establish procedures:
70	70	(1) to adopt local amendments to the International
71	71	Residential Code; and
72	72	(2) for the administration and enforcement of the
73	73	International Residential Code.
74	74	(d) The county may review and consider amendments made by
75	75	the International Code Council to the International Residential
76	76	Code after May 1, 2008.
77	77	Sec. 233.154. EXCEPTIONS. (a) The International
78	78	Residential Code does not apply to the installation and maintenance
79	79	of electrical wiring and related components.
80	80	(b) A county subject to this subchapter is not required to
81	81	review and consider adoption of amendments to the International
82	82	Residential Code regarding electrical provisions.
83	83	Sec. 233.155. NATIONAL ELECTRICAL CODE. (a) Each county
84	84	subject to this subchapter by order shall adopt the National
85	85	Electrical Code, as it existed on May 1, 2008, as the county
86	86	electrical construction code for residential structures.
87	87	(b) The National Electrical Code applies to all residential
88	88	construction applications under this subchapter.
89	89	(c) The county may establish procedures:
90	90	(1) to adopt local amendments to the National
91	91	Electrical Code; and
92	92	(2) for the administration and enforcement of the
93	93	National Electrical Code.
94	94	Sec. 233.156. CONFLICTS WITH OTHER BUILDING CODES. To the
95	95	extent of any conflict with an order adopted under this subchapter:
96	96	(1) a municipal ordinance prevails within the
97	97	municipality's jurisdiction; and
98	98	(2) a building-related code adopted by state statute,
99	99	including the energy code adopted by Chapter 388, Health and Safety
100	100	Code, prevails.
101	101	Sec. 233.157. EXISTING COUNTY AUTHORITY UNAFFECTED. The
102	102	authority granted by this subchapter does not affect the authority
103	103	of the commissioners court of a county to adopt an order or
104	104	ordinance under other law.
105	105	SECTION 6. Before January 1, 2010, each county subject to
106	106	Subchapter E, Chapter 233, Local Government Code, as added by this
107	107	Act, shall take the actions necessary to implement that subchapter.
108	108	SECTION 7. This Act takes effect September 1, 2009.