Texas 2009 - 81st Regular

Texas Senate Bill SB820 Compare Versions

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Old	New	Differences
1	1	S.B. No. 820
2	2
3	3
4	4	AN ACT
5	5	relating to the adoption and amendment of model building codes by
6	6	certain municipalities.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter G, Chapter 214, Local Government
9	9	Code, is amended by adding Sections 214.217 and 214.218 to read as
10	10	follows:
11	11	Sec. 214.217. NOTICE REGARDING MODEL CODE ADOPTION OR
12	12	AMENDMENT IN CERTAIN MUNICIPALITIES. (a) In this section,
13	13	"national model code" means a publication that is developed,
14	14	promulgated, and periodically updated at a national level by
15	15	organizations consisting of industry and government fire and
16	16	building safety officials through a legislative or consensus
17	17	process and that is intended for consideration by units of
18	18	government as local law. National model codes include the
19	19	International Residential Code, the National Electrical Code, and
20	20	the International Building Code.
21	21	(b) This section applies only to a municipality with a
22	22	population of more than 100,000.
23	23	(c) On or before the 21st day before the date the governing
24	24	body of a municipality takes action to consider, review, and
25	25	recommend the adoption of or amendment to a national model code
26	26	governing the construction, renovation, use, or maintenance of
27	27	buildings and building systems in the municipality, the governing
28	28	body shall publish notice of the proposed action conspicuously on
29	29	the municipality's Internet website.
30	30	(d) The governing body of the municipality shall make a
31	31	reasonable effort to encourage public comment from persons affected
32	32	by the proposed adoption of or amendment to a national model code
33	33	under this section.
34	34	(e) On the written request from five or more persons, the
35	35	governing body of the municipality shall hold a public hearing open
36	36	to public comment on the proposed adoption of or amendment to a
37	37	national model code under this section. The hearing must be held on
38	38	or before the 14th day before the date the governing body adopts the
39	39	ordinance that adopts or amends a national model code under this
40	40	section.
41	41	(f) If the governing body of a municipality has established
42	42	an advisory board or substantially similar entity for the purpose
43	43	of obtaining public comment on the proposed adoption of or
44	44	amendment to a national model code, this section does not apply.
45	45	Sec. 214.218. IMMEDIATE EFFECT OF CERTAIN CODES OR
46	46	PROVISIONS DELAYED. (a) In this section, "national model code"
47	47	has the meaning assigned by Section 214.217.
48	48	(b) Except as provided by Subsection (c), the governing body
49	49	of a municipality with a population of more than 100,000 that adopts
50	50	an ordinance or national model code provision that is intended to
51	51	govern the construction, renovation, use, or maintenance of
52	52	buildings and building systems in the municipality shall delay
53	53	implementing and enforcing the ordinance or code provision for at
54	54	least 30 days after final adoption to permit persons affected to
55	55	comply with the ordinance or code provision.
56	56	(c) If a delay in implementing or enforcing the ordinance or
57	57	code provision would cause imminent harm to the health or safety of
58	58	the public, the municipality may enforce the ordinance or code
59	59	provision immediately on the effective date of the ordinance or
60	60	code provision.
61	61	SECTION 2. This Act takes effect immediately if it receives
62	62	a vote of two-thirds of all the members elected to each house, as
63	63	provided by Section 39, Article III, Texas Constitution. If this
64	64	Act does not receive the vote necessary for immediate effect, this
65	65	Act takes effect September 1, 2009.
66	66	______________________________ ______________________________
67	67	President of the Senate Speaker of the House
68	68	I hereby certify that S.B. No. 820 passed the Senate on
69	69	March 25, 2009, by the following vote: Yeas 30, Nays 1.
70	70	______________________________
71	71	Secretary of the Senate
72	72	I hereby certify that S.B. No. 820 passed the House on
73	73	May 12, 2009, by the following vote: Yeas 133, Nays 16, one
74	74	present not voting.
75	75	______________________________
76	76	Chief Clerk of the House
77	77	Approved:
78	78	______________________________
79	79	Date
80	80	______________________________
81	81	Governor