Texas 2023 - 88th Regular

Texas Senate Bill SB2453 Compare Versions

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Version 2 (New)

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1	1	S.B. No. 2453
2	2
3	3
4	4	AN ACT
5	5	relating to certain regulations adopted by governmental entities
6	6	for the building products, materials, or methods used in the
7	7	construction of residential or commercial buildings.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 3000.002(c), Government Code, is amended
10	10	to read as follows:
11	11	(c) This section does not apply to:
12	12	(1) a program established by a state agency that
13	13	requires particular standards, incentives, or financing
14	14	arrangements in order to comply with requirements of a state or
15	15	federal funding source or housing program;
16	16	(2) a requirement for a building necessary to consider
17	17	the building eligible for windstorm and hail insurance coverage
18	18	under Chapter 2210, Insurance Code;
19	19	(3) an ordinance or other regulation that regulates
20	20	outdoor lighting that is adopted for the purpose of reducing light
21	21	pollution and that:
22	22	(A) is adopted by a governmental entity that is
23	23	certified as a Dark Sky Community by the International Dark-Sky
24	24	Association as part of the International Dark Sky Places Program;
25	25	(B) is adopted by a governmental entity that has
26	26	adopted a resolution stating the entity's intent to become
27	27	certified as a Dark Sky Community by the International Dark-Sky
28	28	Association as part of the International Dark Sky Places Program
29	29	and does not regulate outdoor lighting in a manner that is more
30	30	restrictive than the prohibitions or limitations required to become
31	31	certified as a Dark Sky Community; or
32	32	(C) applies to outdoor lighting within five miles
33	33	of the boundary of a military base in which an active training
34	34	program is conducted;
35	35	(4) an ordinance or order that:
36	36	(A) regulates outdoor lighting; and
37	37	(B) is adopted under Subchapter B, Chapter 229,
38	38	Local Government Code, or Subchapter B, Chapter 240, Local
39	39	Government Code;
40	40	(5) a building located in a place or area designated
41	41	for its historical, cultural, or architectural importance and
42	42	significance that a municipality may regulate under Section
43	43	211.003(b), Local Government Code, if the municipality:
44	44	(A) is a certified local government under the
45	45	National Historic Preservation Act (54 U.S.C. Section 300101 et
46	46	seq.); or
47	47	(B) has an applicable landmark ordinance that
48	48	meets the requirements under the certified local government program
49	49	as determined by the Texas Historical Commission;
50	50	(6) a building located in a place or area designated
51	51	for its historical, cultural, or architectural importance and
52	52	significance by a governmental entity, if designated before April
53	53	1, 2019;
54	54	(7) a building located in an area designated as a
55	55	historic district on the National Register of Historic Places;
56	56	(8) a building designated as a Recorded Texas Historic
57	57	Landmark;
58	58	(9) a building designated as a State Archeological
59	59	Landmark or State Antiquities Landmark;
60	60	(10) a building listed on the National Register of
61	61	Historic Places or designated as a landmark by a governmental
62	62	entity;
63	63	(11) a building located in a World Heritage Buffer
64	64	Zone;
65	65	(12) a building located in an area designated for
66	66	development, restoration, or preservation in a main street city
67	67	under the main street program established under Section 442.014;
68	68	(13) a standard for a plumbing product required by an
69	69	ordinance or other regulation implementing a water conservation
70	70	plan or program described by Section 11.1271 or 13.146, Water Code;
71	71	[and]
72	72	(14) a standard for a plumbing product imposed by the
73	73	Texas Water Development Board as a condition of applying for or
74	74	receiving financial assistance under a program administered by the
75	75	board;
76	76	(15) an energy code as adopted by the State Energy
77	77	Conservation Office under Section 388.003(a) or (b), Health and
78	78	Safety Code;
79	79	(16) an energy and water conservation design standard
80	80	established by the State Energy Conservation Office under Section
81	81	447.004; and
82	82	(17) a high-performance building standard approved by
83	83	a board of regents under Section 55.115, Education Code.
84	84	SECTION 2. Section 388.003, Health and Safety Code, is
85	85	amended by amending Subsections (a), (b), and (b-2) and adding
86	86	Subsections (a-1) and (a-2) to read as follows:
87	87	(a) To achieve energy conservation in single-family
88	88	residential construction, the energy efficiency chapter of the
89	89	International Residential Code, as it existed on May 1, 2001, is
90	90	adopted as the energy code in this state for single-family
91	91	residential construction. On September 1, 2016, the energy
92	92	efficiency chapter of the International Residential Code, as it
93	93	existed on May 1, 2015, is adopted as the energy code in this state
94	94	for single-family residential construction. On or after September
95	95	1, 2021, the State Energy Conservation Office may adopt and
96	96	substitute for that energy code the latest published edition of the
97	97	energy efficiency chapter of the International Residential Code,
98	98	based on written findings on the stringency of the chapter
99	99	submitted by the laboratory under Subsection (b-3). The office:
100	100	(1) may not amend or adopt an edition under this
101	101	subsection more often than once every six years; [and]
102	102	(2) by rule shall establish an effective date for an
103	103	adopted edition that is not earlier than nine months after the date
104	104	of adoption; and
105	105	(3) may amend an adopted edition.
106	106	(a-1) Before amending or adopting an edition of the energy
107	107	efficiency chapter of the International Residential Code under
108	108	Subsection (a), the State Energy Conservation Office shall conduct
109	109	an analysis that:
110	110	(1) measures the impact of the amendment or adoption
111	111	on housing attainability in this state; and
112	112	(2) quantifies the incremental construction cost and
113	113	energy use cost savings associated with construction to evaluate
114	114	the cost-effectiveness of the proposed amendment or adoption.
115	115	(a-2) The analysis under Subsection (a-1)(2) must calculate
116	116	the payback period for any required products or minimum standards
117	117	or requirements that are more stringent than the energy code in
118	118	effect on the date immediately before the date the amendment or
119	119	adoption would take effect.
120	120	(b) To achieve energy conservation in all other
121	121	residential, commercial, and industrial construction, the
122	122	International Energy Conservation Code as it existed on May 1,
123	123	2001, is adopted as the energy code for use in this state for all
124	124	other residential, commercial, and industrial construction. The
125	125	State Energy Conservation Office may adopt and substitute for that
126	126	energy code the latest published edition of the International
127	127	Energy Conservation Code, based on written findings on the
128	128	stringency of the edition submitted by the laboratory under
129	129	Subsection (b-3). The office:
130	130	(1) by rule shall establish an effective date for an
131	131	adopted edition that is not earlier than nine months after the date
132	132	of adoption; and
133	133	(2) may amend an adopted edition.
134	134	(b-2) The State Energy Conservation Office by rule shall
135	135	establish a procedure for persons who have an interest in the
136	136	amendment or adoption of energy codes under Subsection (a) or (b) to
137	137	have an opportunity to comment on the codes under
138	138	consideration. The office shall consider persons who have an
139	139	interest in adoption of those codes to include:
140	140	(1) commercial and residential builders, architects,
141	141	and engineers;
142	142	(2) municipal, county, and other local government
143	143	authorities;
144	144	(3) environmental groups; and
145	145	(4) manufacturers of building materials and products.
146	146	SECTION 3. This Act takes effect September 1, 2023.
147	147	______________________________ ______________________________
148	148	President of the Senate Speaker of the House
149	149	I hereby certify that S.B. No. 2453 passed the Senate on
150	150	May 3, 2023, by the following vote: Yeas 17, Nays 14; and that the
151	151	Senate concurred in House amendments on May 26, 2023, by the
152	152	following vote: Yeas 17, Nays 14.
153	153	______________________________
154	154	Secretary of the Senate
155	155	I hereby certify that S.B. No. 2453 passed the House, with
156	156	amendments, on May 24, 2023, by the following vote: Yeas 84,
157	157	Nays 59, one present not voting.
158	158	______________________________
159	159	Chief Clerk of the House
160	160	Approved:
161	161	______________________________
162	162	Date
163	163	______________________________
164	164	Governor