81R617 PAM-F
By: Gallegos S.B. No. 1995
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of uniform residential building codes by
political subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 214.212(a) and (d), Local Government
Code, are amended to read as follows:
(a) To protect the public health, safety, and welfare, the
International Residential Code, as it existed on May 1, 2008
[2001], is adopted as a municipal residential building code in this
state.
(d) A municipality may review and consider amendments made
by the International Code Council to the International Residential
Code after May 1, 2008 [2001].
SECTION 2. Section 214.214(a), Local Government Code, is
amended to read as follows:
(a) Except as provided by Subsection (c), the National
Electrical Code, as it existed on May 1, 2008 [2001], is adopted as
the municipal electrical construction code in this state and
applies to all residential and commercial electrical construction
applications.
SECTION 3. Sections 214.216(a) and (d), Local Government
Code, are amended to read as follows:
(a) To protect the public health, safety, and welfare, the
International Building Code, as it existed on May 1, 2008 [2003], is
adopted as a municipal commercial building code in this state.
(d) A municipality may review and consider amendments made
by the International Code Council to the International Building
Code after May 1, 2008 [2003].
SECTION 4. Subchapter G, Chapter 214, Local Government
Code, is amended by adding Section 214.217 to read as follows:
Sec. 214.217. CONFLICTS WITH OTHER BUILDING CODES. A
building-related code adopted by state statute, including the
energy code adopted by Chapter 388, Health and Safety Code,
prevails to the extent of any conflict with an ordinance, including
a local amendment to a code, adopted under this subchapter.
SECTION 5. Chapter 233, Local Government Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. BUILDING CODES IN CERTAIN COUNTIES
Sec. 233.151. APPLICABILITY. This subchapter applies only
to a county with a population of 25,000 or more any part of which is
located within 100 miles of the Gulf of Mexico.
Sec. 233.152. DEFINITIONS. In this subchapter:
(1) "International Residential Code" means the
International Residential Code for One- and Two-Family Dwellings
promulgated by the International Code Council.
(2) "National Electrical Code" means the electrical
code published by the National Fire Protection Association.
(3) "Residential" means having the character of a
detached one-family or two-family dwelling or a multiple
single-family dwelling that is not more than three stories high
with separate means of egress, including the accessory structures
of the dwelling, and that does not have the character of a facility
used for the accommodation of transient guests or a structure in
which medical, rehabilitative, or assisted living services are
provided in connection with the occupancy of the structure.
Sec. 233.153. INTERNATIONAL RESIDENTIAL CODE. (a) To
protect the public health, safety, and welfare, each county subject
to this subchapter by order shall adopt the International
Residential Code, as it existed on May 1, 2008, as a residential
building code in the unincorporated area of the county.
(b) The International Residential Code applies to all
construction, alteration, remodeling, enlargement, and repair of
residential structures in the unincorporated area of the county.
(c) The county may establish procedures:
(1) to adopt local amendments to the International
Residential Code; and
(2) for the administration and enforcement of the
International Residential Code.
(d) The county may review and consider amendments made by
the International Code Council to the International Residential
Code after May 1, 2008.
Sec. 233.154. EXCEPTIONS. (a) The International
Residential Code does not apply to the installation and maintenance
of electrical wiring and related components.
(b) A county subject to this subchapter is not required to
review and consider adoption of amendments to the International
Residential Code regarding electrical provisions.
Sec. 233.155. NATIONAL ELECTRICAL CODE. (a) Each county
subject to this subchapter by order shall adopt the National
Electrical Code, as it existed on May 1, 2008, as the county
electrical construction code for residential structures.
(b) The National Electrical Code applies to all residential
construction applications under this subchapter.
(c) The county may establish procedures:
(1) to adopt local amendments to the National
Electrical Code; and
(2) for the administration and enforcement of the
National Electrical Code.
Sec. 233.156. CONFLICTS WITH OTHER BUILDING CODES. To the
extent of any conflict with an order adopted under this subchapter:
(1) a municipal ordinance prevails within the
municipality's jurisdiction; and
(2) a building-related code adopted by state statute,
including the energy code adopted by Chapter 388, Health and Safety
Code, prevails.
Sec. 233.157. EXISTING COUNTY AUTHORITY UNAFFECTED. The
authority granted by this subchapter does not affect the authority
of the commissioners court of a county to adopt an order or
ordinance under other law.
SECTION 6. Before January 1, 2010, each county subject to
Subchapter E, Chapter 233, Local Government Code, as added by this
Act, shall take the actions necessary to implement that subchapter.
SECTION 7. This Act takes effect September 1, 2009.