By: Hinojosa H.B. No. 4496
A BILL TO BE ENTITLED
AN ACT
relating to municipal and county building codes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 388.003(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) To achieve energy conservation in single-family
residential construction, on [the energy efficiency chapter of the
International Residential Code, as it existed on May 1, 2001, is
adopted as the energy code in this state for single-family
residential construction. On] January [September] 1, 2022 [2016],
the energy efficiency chapter of the International Residential
Code, as it existed on May 1, 2021 [2015], is adopted as the energy
code in this state for single-family residential construction. On
or after January [September] 1, 2028 [2021], the State Energy
Conservation Office may adopt and substitute for that energy code
the latest published edition of the energy efficiency chapter of
the International Residential Code, based on written findings on
the stringency of the chapter submitted by the laboratory under
Subsection (b-3). The office:
(1) may not adopt an edition under this subsection
more often than once every six years; and
(2) by rule shall establish an effective date for an
adopted edition that is not earlier than nine months after the date
of adoption.
(b) To achieve energy conservation in all other
residential, commercial, and industrial construction, the
International Energy Conservation Code as it existed on May 1, 2021
[2001], is adopted as the energy code for use in this state for all
other residential, commercial, and industrial construction. The
State Energy Conservation Office may adopt and substitute for that
energy code the latest published edition of the International
Energy Conservation Code, based on written findings on the
stringency of the edition submitted by the laboratory under
Subsection (b-3). The office by rule shall establish an effective
date for an adopted edition that is not earlier than nine months
after the date of adoption.
SECTION 2. Sections 214.212(a) and (d), Local Government
Code, are amended to read as follows:
(a) To protect the public health, safety, and welfare, the
International Residential Code, as it existed on May 1, 2021
[2001], is adopted as a municipal residential building code in this
state.
(d) A municipality may review and consider amendments made
by the International Code Council to the International Residential
Code after May 1, 2021 [2001].
SECTION 3. Sections 214.214(a) and (c), Local Government
Code, are amended to read as follows:
(a) Except as provided by Subsection (c), the National
Electrical Code, as it existed on May 1, 2021 [2001], is adopted as
the municipal electrical construction code in this state and
applies to all residential and commercial electrical construction
applications.
(c) The National Electrical Code applies to all commercial
buildings in a municipality [for which construction begins on or
after January 1, 2006,] and to any alteration, remodeling,
enlargement, or repair of those commercial buildings.
SECTION 4. Sections 214.216(a), (b), (d), and (e), Local
Government Code, are amended to read as follows:
(a) To protect the public health, safety, and welfare, the
International Building Code, as it existed on May 1, 2021 [2003], is
adopted as a municipal commercial building code in this state.
(b) The International Building Code applies to all
commercial buildings in a municipality [for which construction
begins on or after January 1, 2006,] and to any alteration,
remodeling, enlargement, or repair of those commercial buildings.
(d) A municipality may review and consider amendments made
by the International Code Council to the International Building
Code after May 1, 2021 [2003].
(e) A municipality that has adopted a more stringent
commercial building code before January 1, 2022 [2006], is not
required to repeal that code and may adopt future editions of that
code.
SECTION 5. Section 233.062(c), Local Government Code, is
amended to read as follows:
(c) The fire code must:
(1) conform to:
(A) the International Fire Code, as published by
the International Code Council, as the code existed on May 1, 2021
[2005]; or
(B) the Uniform Fire Code, as published by the
National Fire Protection Association, as the code existed on May 1,
2021 [2005]; or
(2) establish protective measures that exceed the
standards of the codes described by Subdivision (1).
SECTION 6. Section 233.153(a), Local Government Code, is
amended to read as follows:
(a) New residential construction of a single-family house
or duplex in the unincorporated area of a county to which this
subchapter applies shall conform to the version of the
International Residential Code published as of May 1, 2021 [2008],
or the version of the International Residential Code that is
applicable in the county seat of that county.
SECTION 7. Section 233.153(b), Local Government Code, is
repealed.
SECTION 8. The changes made by this Act apply only to
residential or commercial construction, remodeling, alteration,
enlargement, repair, or other activity, as applicable, that begins
under an agreement made on or after January 1, 2022, or that begins,
in the absence of an agreement, on or after that date. Residential
or commercial construction, remodeling, alteration, enlargement,
repair, or other applicable activity that begins under an agreement
made before January 1, 2022, 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.
SECTION 9. This Act takes effect January 1, 2022.