1 | 1 | | By: Hinojosa H.B. No. 4496 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to municipal and county building codes. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Sections 388.003(a) and (b), Health and Safety |
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9 | 9 | | Code, are amended to read as follows: |
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10 | 10 | | (a) To achieve energy conservation in single-family |
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11 | 11 | | residential construction, on [the energy efficiency chapter of the |
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12 | 12 | | International Residential Code, as it existed on May 1, 2001, is |
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13 | 13 | | adopted as the energy code in this state for single-family |
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14 | 14 | | residential construction. On] January [September] 1, 2022 [2016], |
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15 | 15 | | the energy efficiency chapter of the International Residential |
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16 | 16 | | Code, as it existed on May 1, 2021 [2015], is adopted as the energy |
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17 | 17 | | code in this state for single-family residential construction. On |
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18 | 18 | | or after January [September] 1, 2028 [2021], the State Energy |
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19 | 19 | | Conservation Office may adopt and substitute for that energy code |
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20 | 20 | | the latest published edition of the energy efficiency chapter of |
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21 | 21 | | the International Residential Code, based on written findings on |
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22 | 22 | | the stringency of the chapter submitted by the laboratory under |
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23 | 23 | | Subsection (b-3). The office: |
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24 | 24 | | (1) may not adopt an edition under this subsection |
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25 | 25 | | more often than once every six years; and |
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26 | 26 | | (2) by rule shall establish an effective date for an |
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27 | 27 | | adopted edition that is not earlier than nine months after the date |
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28 | 28 | | of adoption. |
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29 | 29 | | (b) To achieve energy conservation in all other |
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30 | 30 | | residential, commercial, and industrial construction, the |
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31 | 31 | | International Energy Conservation Code as it existed on May 1, 2021 |
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32 | 32 | | [2001], is adopted as the energy code for use in this state for all |
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33 | 33 | | other residential, commercial, and industrial construction. The |
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34 | 34 | | State Energy Conservation Office may adopt and substitute for that |
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35 | 35 | | energy code the latest published edition of the International |
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36 | 36 | | Energy Conservation Code, based on written findings on the |
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37 | 37 | | stringency of the edition submitted by the laboratory under |
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38 | 38 | | Subsection (b-3). The office by rule shall establish an effective |
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39 | 39 | | date for an adopted edition that is not earlier than nine months |
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40 | 40 | | after the date of adoption. |
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41 | 41 | | SECTION 2. Sections 214.212(a) and (d), Local Government |
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42 | 42 | | Code, are amended to read as follows: |
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43 | 43 | | (a) To protect the public health, safety, and welfare, the |
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44 | 44 | | International Residential Code, as it existed on May 1, 2021 |
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45 | 45 | | [2001], is adopted as a municipal residential building code in this |
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46 | 46 | | state. |
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47 | 47 | | (d) A municipality may review and consider amendments made |
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48 | 48 | | by the International Code Council to the International Residential |
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49 | 49 | | Code after May 1, 2021 [2001]. |
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50 | 50 | | SECTION 3. Sections 214.214(a) and (c), Local Government |
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51 | 51 | | Code, are amended to read as follows: |
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52 | 52 | | (a) Except as provided by Subsection (c), the National |
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53 | 53 | | Electrical Code, as it existed on May 1, 2021 [2001], is adopted as |
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54 | 54 | | the municipal electrical construction code in this state and |
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55 | 55 | | applies to all residential and commercial electrical construction |
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56 | 56 | | applications. |
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57 | 57 | | (c) The National Electrical Code applies to all commercial |
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58 | 58 | | buildings in a municipality [for which construction begins on or |
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59 | 59 | | after January 1, 2006,] and to any alteration, remodeling, |
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60 | 60 | | enlargement, or repair of those commercial buildings. |
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61 | 61 | | SECTION 4. Sections 214.216(a), (b), (d), and (e), Local |
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62 | 62 | | Government Code, are amended to read as follows: |
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63 | 63 | | (a) To protect the public health, safety, and welfare, the |
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64 | 64 | | International Building Code, as it existed on May 1, 2021 [2003], is |
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65 | 65 | | adopted as a municipal commercial building code in this state. |
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66 | 66 | | (b) The International Building Code applies to all |
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67 | 67 | | commercial buildings in a municipality [for which construction |
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68 | 68 | | begins on or after January 1, 2006,] and to any alteration, |
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69 | 69 | | remodeling, enlargement, or repair of those commercial buildings. |
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70 | 70 | | (d) A municipality may review and consider amendments made |
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71 | 71 | | by the International Code Council to the International Building |
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72 | 72 | | Code after May 1, 2021 [2003]. |
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73 | 73 | | (e) A municipality that has adopted a more stringent |
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74 | 74 | | commercial building code before January 1, 2022 [2006], is not |
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75 | 75 | | required to repeal that code and may adopt future editions of that |
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76 | 76 | | code. |
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77 | 77 | | SECTION 5. Section 233.062(c), Local Government Code, is |
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78 | 78 | | amended to read as follows: |
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79 | 79 | | (c) The fire code must: |
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80 | 80 | | (1) conform to: |
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81 | 81 | | (A) the International Fire Code, as published by |
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82 | 82 | | the International Code Council, as the code existed on May 1, 2021 |
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83 | 83 | | [2005]; or |
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84 | 84 | | (B) the Uniform Fire Code, as published by the |
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85 | 85 | | National Fire Protection Association, as the code existed on May 1, |
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86 | 86 | | 2021 [2005]; or |
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87 | 87 | | (2) establish protective measures that exceed the |
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88 | 88 | | standards of the codes described by Subdivision (1). |
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89 | 89 | | SECTION 6. Section 233.153(a), Local Government Code, is |
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90 | 90 | | amended to read as follows: |
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91 | 91 | | (a) New residential construction of a single-family house |
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92 | 92 | | or duplex in the unincorporated area of a county to which this |
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93 | 93 | | subchapter applies shall conform to the version of the |
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94 | 94 | | International Residential Code published as of May 1, 2021 [2008], |
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95 | 95 | | or the version of the International Residential Code that is |
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96 | 96 | | applicable in the county seat of that county. |
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97 | 97 | | SECTION 7. Section 233.153(b), Local Government Code, is |
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98 | 98 | | repealed. |
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99 | 99 | | SECTION 8. The changes made by this Act apply only to |
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100 | 100 | | residential or commercial construction, remodeling, alteration, |
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101 | 101 | | enlargement, repair, or other activity, as applicable, that begins |
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102 | 102 | | under an agreement made on or after January 1, 2022, or that begins, |
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103 | 103 | | in the absence of an agreement, on or after that date. Residential |
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104 | 104 | | or commercial construction, remodeling, alteration, enlargement, |
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105 | 105 | | repair, or other applicable activity that begins under an agreement |
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106 | 106 | | made before January 1, 2022, or that begins, in the absence of an |
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107 | 107 | | agreement, before that date is governed by the law in effect when |
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108 | 108 | | the agreement was made or the activity began, as appropriate, and |
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109 | 109 | | that law is continued in effect for that purpose. |
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110 | 110 | | SECTION 9. This Act takes effect January 1, 2022. |
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