By: Paul (Senate Sponsor - Buckingham) H.B. No. 3810
(In the Senate - Received from the House May 13, 2019;
May 13, 2019, read first time and referred to Committee on Business &
Commerce; May 20, 2019, reported favorably by the following vote:
Yeas 8, Nays 1; May 20, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the residential building codes of municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 214.212, Local Government Code, is
amended by amending Subsections (a), (c), and (d) and adding
Subsections (e) and (f) to read as follows:
(a) To protect the public health, safety, and welfare, the
International Residential Code, as it existed on May 1, 2012
[2001], is adopted as a municipal residential building code in this
state.
(c) Subject to Subsection (e), a [A] municipality may
establish procedures:
(1) to adopt local amendments to the International
Residential Code that may add, modify, or remove requirements set
by the code; and
(2) for the administration and enforcement of the
International Residential Code.
(d) A municipality may review and consider amendments made
by the International Code Council to the International Residential
Code after May 1, 2012 [2001].
(e) A municipality may not adopt a local amendment under
Subsection (c) unless the municipality:
(1) holds a public hearing on the local amendment
before adopting the local amendment; and
(2) adopts the local amendment by ordinance.
(f) This section does not affect provisions regarding the
installation of a fire sprinkler protection system under Section
1301.551(i), Occupations Code, or Section 775.045(a)(1), Health
and Safety Code.
SECTION 2. Section 214.217(e), Local Government Code, is
amended to read as follows:
(e) On the written request from five or more persons or if
required by Section 214.212(e), 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.
SECTION 3. (a) Section 214.212, Local Government Code, as
amended by this Act, applies only to residential construction,
remodeling, alteration, or repair that begins under an agreement
made on or after January 1, 2020, or that begins, in the absence of
an agreement, on or after that date. Residential construction,
remodeling, alteration, or repair that begins under an agreement
made before January 1, 2020, or that begins, in the absence of an
agreement, before that date is governed by the law in effect when
the agreement was made or the activity began, as appropriate, and
that law is continued in effect for that purpose.
(b) Municipalities shall, before January 1, 2020, establish
rules and take other necessary actions to implement Section
214.212, Local Government Code, as amended by this Act.
SECTION 4. This Act takes effect January 1, 2020, except
that Section 3(b) and this section take effect September 1, 2019.
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