S.B. No. 820
AN ACT
relating to the adoption and amendment of model building codes by
certain 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. NOTICE REGARDING MODEL CODE ADOPTION OR
AMENDMENT IN CERTAIN MUNICIPALITIES. (a) In this section,
"national model code" means a publication that is 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 that is intended for consideration by units of
government as local law. National model codes include the
International Residential Code, the National Electrical Code, and
the International Building Code.
(b) This section applies only to a municipality with a
population of more than 100,000.
(c) On or before the 21st day before the date the governing
body of a municipality takes action to consider, review, and
recommend the adoption of or amendment to a national model code
governing the construction, renovation, use, or maintenance of
buildings and building systems in the municipality, the governing
body shall publish notice of the proposed action conspicuously on
the municipality's Internet website.
(d) The governing body of the municipality shall make a
reasonable effort to encourage public comment from persons affected
by the proposed adoption of or amendment to a national model code
under this section.
(e) On the written request from five or more persons, the
governing body of the municipality shall hold a public hearing open
to public comment on the proposed adoption of or amendment to a
national model code under this section. The hearing must be held on
or before the 14th day before the date the governing body adopts the
ordinance that adopts or amends a national model code under this
section.
(f) If the governing body of a municipality has established
an advisory board or substantially similar entity for the purpose
of obtaining public comment on the proposed adoption of or
amendment to a national model code, this section does not apply.
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 with a population of more than 100,000 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 820 passed the Senate on
March 25, 2009, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 820 passed the House on
May 12, 2009, by the following vote: Yeas 133, Nays 16, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor