Texas 2025 - 89th Regular

Texas House Bill HB1360 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R3851 MP-D
2		-	By: Hernandez~~, Darby~~ H.B. No. 1360
	2	+	By: Hernandez H.B. No. 1360
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7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to certain regulations adopted by governmental entities
10	10		for the construction or alteration of residential or commercial
11	11		buildings.
12	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13		SECTION 1. Section 3000.002(c), Government Code, is amended
14	14		to read as follows:
15	15		(c) This section does not apply to:
16	16		(1) a program established by a state agency that
17	17		requires particular standards, incentives, or financing
18	18		arrangements in order to comply with requirements of a state or
19	19		federal funding source or housing program;
20	20		(2) a requirement for a building necessary to consider
21	21		the building eligible for windstorm and hail insurance coverage
22	22		under Chapter 2210, Insurance Code;
23	23		(3) an ordinance or other regulation that regulates
24	24		outdoor lighting that is adopted for the purpose of reducing light
25	25		pollution and that:
26	26		(A) is adopted by a governmental entity that is
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		(B) is adopted by a governmental entity that has
30	30		adopted a resolution stating the entity's intent to become
31	31		certified as a Dark Sky Community by the International Dark-Sky
32	32		Association as part of the International Dark Sky Places Program
33	33		and does not regulate outdoor lighting in a manner that is more
34	34		restrictive than the prohibitions or limitations required to become
35	35		certified as a Dark Sky Community; or
36	36		(C) applies to outdoor lighting within five miles
37	37		of the boundary of a military base in which an active training
38	38		program is conducted;
39	39		(4) an ordinance or order that:
40	40		(A) regulates outdoor lighting; and
41	41		(B) is adopted under Subchapter B, Chapter 229,
42	42		Local Government Code, or Subchapter B, Chapter 240, Local
43	43		Government Code;
44	44		(5) a building located in a place or area designated
45	45		for its historical, cultural, or architectural importance and
46	46		significance that a municipality may regulate under Section
47	47		211.003(b), Local Government Code, if the municipality:
48	48		(A) is a certified local government under the
49	49		National Historic Preservation Act (54 U.S.C. Section 300101 et
50	50		seq.); or
51	51		(B) has an applicable landmark ordinance that
52	52		meets the requirements under the certified local government program
53	53		as determined by the Texas Historical Commission;
54	54		(6) a building located in a place or area designated
55	55		for its historical, cultural, or architectural importance and
56	56		significance by a governmental entity, if designated before April
57	57		1, 2019;
58	58		(7) a building located in an area designated as a
59	59		historic district on the National Register of Historic Places;
60	60		(8) a building designated as a Recorded Texas Historic
61	61		Landmark;
62	62		(9) a building designated as a State Archeological
63	63		Landmark or State Antiquities Landmark;
64	64		(10) a building listed on the National Register of
65	65		Historic Places or designated as a landmark by a governmental
66	66		entity;
67	67		(11) a building located in a World Heritage Buffer
68	68		Zone;
69	69		(12) a building located in an area designated for
70	70		development, restoration, or preservation in a main street city
71	71		under the main street program established under Section 442.014;
72	72		(13) a standard for a plumbing product required by an
73	73		ordinance or other regulation implementing a water conservation
74	74		plan or program described by Section 11.1271 or 13.146, Water Code;
75	75		[and]
76	76		(14) a standard for a plumbing product imposed by the
77	77		Texas Water Development Board as a condition of applying for or
78	78		receiving financial assistance under a program administered by the
79	79		board;
80	80		(15) an energy code as adopted by the State Energy
81	81		Conservation Office under Section 388.003(a) or (b), Health and
82	82		Safety Code;
83	83		(16) an energy and water conservation design standard
84	84		established by the State Energy Conservation Office under Section
85	85		447.004; and
86	86		(17) a high-performance building standard approved by
87	87		a board of regents under Section 55.115, Education Code.
88	88		SECTION 2. Section 388.003, Health and Safety Code, is
89	89		amended by amending Subsections (a), (b), and (b-2) and adding
90	90		Subsections (a-1) and (a-2) to read as follows:
91	91		(a) To achieve energy conservation in single-family
92	92		residential construction, the energy efficiency chapter of the
93	93		International Residential Code, as it existed on May 1, 2001, is
94	94		adopted as the energy code in this state for single-family
95	95		residential construction. On September 1, 2016, the energy
96	96		efficiency chapter of the International Residential Code, as it
97	97		existed on May 1, 2015, is adopted as the energy code in this state
98	98		for single-family residential construction. On or after September
99	99		1, 2021, the State Energy Conservation Office may adopt and
100	100		substitute for that energy code the latest published edition of the
101	101		energy efficiency chapter of the International Residential Code,
102	102		based on written findings on the stringency of the chapter
103	103		submitted by the laboratory under Subsection (b-3). The office:
104	104		(1) may not amend or adopt an edition under this
105	105		subsection more often than once every six years; [and]
106	106		(2) by rule shall establish an effective date for an
107	107		adopted edition that is not earlier than nine months after the date
108	108		of adoption; and
109	109		(3) may amend an adopted edition.
110	110		(a-1) Before amending or adopting an edition of the energy
111	111		efficiency chapter of the International Residential Code under
112	112		Subsection (a), the State Energy Conservation Office shall conduct
113	113		an analysis that:
114	114		(1) measures the impact of the amendment or adoption
115	115		on housing attainability in this state; and
116	116		(2) quantifies the incremental construction cost and
117	117		energy use cost savings associated with construction to evaluate
118	118		the cost-effectiveness of the proposed amendment or adoption.
119	119		(a-2) The analysis under Subsection (a-1)(2) must calculate
120	120		the payback period for any required products or minimum standards
121	121		or requirements that are more stringent than the energy code in
122	122		effect on the date immediately before the date the amendment or
123	123		adoption would take effect.
124	124		(b) To achieve energy conservation in all other
125	125		residential, commercial, and industrial construction, the
126	126		International Energy Conservation Code as it existed on May 1,
127	127		2001, is adopted as the energy code for use in this state for all
128	128		other residential, commercial, and industrial construction. The
129	129		State Energy Conservation Office may adopt and substitute for that
130	130		energy code the latest published edition of the International
131	131		Energy Conservation Code, based on written findings on the
132	132		stringency of the edition submitted by the laboratory under
133	133		Subsection (b-3). The office:
134	134		(1) by rule shall establish an effective date for an
135	135		adopted edition that is not earlier than nine months after the date
136	136		of adoption; and
137	137		(2) may amend an adopted edition.
138	138		(b-2) The State Energy Conservation Office by rule shall
139	139		establish a procedure for persons who have an interest in the
140	140		amendment or adoption of energy codes under Subsection (a) or (b) to
141	141		have an opportunity to comment on the codes under
142	142		consideration. The office shall consider persons who have an
143	143		interest in adoption of those codes to include:
144	144		(1) commercial and residential builders, architects,
145	145		and engineers;
146	146		(2) municipal, county, and other local government
147	147		authorities;
148	148		(3) environmental groups; and
149	149		(4) manufacturers of building materials and products.
150	150		SECTION 3. This Act takes effect September 1, 2025.