Texas 2023 - 88th 4th C.S.

Texas Senate Bill SB39 Compare Versions

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Version 2 (New)

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