81R3544 PAM-F
By: Duncan S.B. No. 820
A BILL TO BE ENTITLED
AN ACT
relating to the adoption and amendment of model building codes by
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 214, Local Government
Code, is amended by adding Sections 214.217 and 214.218 to read as
follows:
Sec. 214.217. MODEL CODES ADVISORY BOARD. (a) In this
section:
(1) "Advisory board" means the Model Codes Advisory
Board.
(2) "National model codes" means publications that
are:
(A) developed, promulgated, and periodically
updated at a national level by organizations consisting of industry
and government fire and building safety officials through a
legislative or consensus process; and
(B) intended for consideration by units of
government as local law.
(b) The governing body of a municipality may establish a
Model Codes Advisory Board to review and recommend the adoption of
and amendment and addition to national model codes to govern the
construction, renovation, use, or maintenance of buildings and
building systems in the municipality.
(c) The advisory board consists of the following members
appointed by the governing body of the municipality:
(1) a builder who holds a certificate of registration
under Chapter 416, Property Code;
(2) an architect licensed by this state or a building
designer who operates in this state;
(3) a commercial building contractor who operates in
this state;
(4) a building facilities manager who manages a
facility in this state;
(5) an owner or management company representative of
multifamily housing in this state;
(6) an owner or manager of an industrial,
manufacturing, or warehouse facility in this state;
(7) an engineer licensed by this state;
(8) an engineer licensed by this state who routinely
provides mechanical, electrical, and plumbing services;
(9) a heating, ventilation, and air conditioning
contractor who operates in this state;
(10) a master electrician licensed by this state;
(11) a master plumber licensed by this state; and
(12) a developer active in property development in
this state.
(d) The advisory board shall review the technical
provisions of a national model code proposed for adoption or
proposed amendments or additions to a national model code proposed
for adoption by the municipality and make recommendations to the
governing body of the municipality.
(e) If the governing body of a municipality does not
establish an advisory board under this section or has not
established a substantially similar advisory body for the purpose
described by Subsection (b) before the effective date of the
legislation enacting this section, a person may register with the
city secretary to receive written notice from the municipality when
the municipality considers the adoption of or amendment or addition
to an ordinance or a national model code that is intended to govern
the construction, renovation, use, or maintenance of buildings and
building systems in the municipality.
(f) Except as provided by Subsection (g), the municipality
shall provide notice to each person who registers under Subsection
(e) at least 30 days before the date the governing body takes action
to consider the adoption of or amendment or addition to an ordinance
or code provision described by this section.
(g) If a delay in the adoption of or amendment or addition to
an ordinance or code provision would cause imminent harm to the
health or safety of the public, the municipality may provide
alternative reasonable notice to each person who registers under
Subsection (e).
Sec. 214.218. IMMEDIATE EFFECT OF CERTAIN CODES OR
PROVISIONS DELAYED. (a) In this section, "national model code" has
the meaning assigned by Section 214.217.
(b) Except as provided by Subsection (c), the governing body
of a municipality that adopts an ordinance or national model code
provision that is intended to govern the construction, renovation,
use, or maintenance of buildings and building systems in the
municipality shall delay implementing and enforcing the ordinance
or code provision for at least 30 days after final adoption to
permit persons affected to comply with the ordinance or code
provision.
(c) If a delay in implementing or enforcing the ordinance or
code provision would cause imminent harm to the health or safety of
the public, the municipality may enforce the ordinance or code
provision immediately on the effective date of the ordinance or
code provision.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.