Texas 2025 - 89th Regular

Texas Senate Bill SB783 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Menéndez, Blanco S.B. No. 783
2		-	Eckhardt
3		-
4		-
	1	+	By: Menéndez S.B. No. 783
	2	+	(In the Senate - Filed January 15, 2025; February 7, 2025,
	3	+	read first time and referred to Committee on Business & Commerce;
	4	+	April 2, 2025, reported favorably by the following vote: Yeas 11,
	5	+	Nays 0; April 2, 2025, sent to printer.)
	6	+	Click here to see the committee vote
5	7
6	8
7	9		A BILL TO BE ENTITLED
8	10		AN ACT
9	11		relating to certain regulations adopted by governmental entities
10	12		for the construction or alteration of residential or commercial
11	13		buildings.
12	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	15		SECTION 1. Section 3000.002(c), Government Code, is amended
14	16		to read as follows:
15	17		(c) This section does not apply to:
16	18		(1) a program established by a state agency that
17	19		requires particular standards, incentives, or financing
18	20		arrangements in order to comply with requirements of a state or
19	21		federal funding source or housing program;
20	22		(2) a requirement for a building necessary to consider
21	23		the building eligible for windstorm and hail insurance coverage
22	24		under Chapter 2210, Insurance Code;
23	25		(3) an ordinance or other regulation that regulates
24	26		outdoor lighting that is adopted for the purpose of reducing light
25	27		pollution and that:
26	28		(A) is adopted by a governmental entity that is
27	29		certified as a Dark Sky Community by the International Dark-Sky
28	30		Association as part of the International Dark Sky Places Program;
29	31		(B) is adopted by a governmental entity that has
30	32		adopted a resolution stating the entity's intent to become
31	33		certified as a Dark Sky Community by the International Dark-Sky
32	34		Association as part of the International Dark Sky Places Program
33	35		and does not regulate outdoor lighting in a manner that is more
34	36		restrictive than the prohibitions or limitations required to become
35	37		certified as a Dark Sky Community; or
36	38		(C) applies to outdoor lighting within five miles
37	39		of the boundary of a military base in which an active training
38	40		program is conducted;
39	41		(4) an ordinance or order that:
40	42		(A) regulates outdoor lighting; and
41	43		(B) is adopted under Subchapter B, Chapter 229,
42	44		Local Government Code, or Subchapter B, Chapter 240, Local
43	45		Government Code;
44	46		(5) a building located in a place or area designated
45	47		for its historical, cultural, or architectural importance and
46	48		significance that a municipality may regulate under Section
47	49		211.003(b), Local Government Code, if the municipality:
48	50		(A) is a certified local government under the
49	51		National Historic Preservation Act (54 U.S.C. Section 300101 et
50	52		seq.); or
51	53		(B) has an applicable landmark ordinance that
52	54		meets the requirements under the certified local government program
53	55		as determined by the Texas Historical Commission;
54	56		(6) a building located in a place or area designated
55	57		for its historical, cultural, or architectural importance and
56	58		significance by a governmental entity, if designated before April
57	59		1, 2019;
58	60		(7) a building located in an area designated as a
59	61		historic district on the National Register of Historic Places;
60	62		(8) a building designated as a Recorded Texas Historic
61	63		Landmark;
62	64		(9) a building designated as a State Archeological
63	65		Landmark or State Antiquities Landmark;
64	66		(10) a building listed on the National Register of
65	67		Historic Places or designated as a landmark by a governmental
66	68		entity;
67	69		(11) a building located in a World Heritage Buffer
68	70		Zone;
69	71		(12) a building located in an area designated for
70	72		development, restoration, or preservation in a main street city
71	73		under the main street program established under Section 442.014;
72	74		(13) a standard for a plumbing product required by an
73	75		ordinance or other regulation implementing a water conservation
74	76		plan or program described by Section 11.1271 or 13.146, Water Code;
75	77		[and]
76	78		(14) a standard for a plumbing product imposed by the
77	79		Texas Water Development Board as a condition of applying for or
78	80		receiving financial assistance under a program administered by the
79	81		board;
80	82		(15) an energy code as adopted by the State Energy
81	83		Conservation Office under Section 388.003(a) or (b), Health and
82	84		Safety Code;
83	85		(16) an energy and water conservation design standard
84	86		established by the State Energy Conservation Office under Section
85	87		447.004; and
86	88		(17) a high-performance building standard approved by
87	89		a board of regents under Section 55.115, Education Code.
88	90		SECTION 2. Section 388.003, Health and Safety Code, is
89	91		amended by amending Subsections (a), (b), and (b-2) and adding
90	92		Subsections (a-1) and (a-2) to read as follows:
91	93		(a) To achieve energy conservation in single-family
92	94		residential construction, the energy efficiency chapter of the
93	95		International Residential Code, as it existed on May 1, 2001, is
94	96		adopted as the energy code in this state for single-family
95	97		residential construction. On September 1, 2016, the energy
96	98		efficiency chapter of the International Residential Code, as it
97	99		existed on May 1, 2015, is adopted as the energy code in this state
98	100		for single-family residential construction. On or after September
99	101		1, 2021, the State Energy Conservation Office may adopt and
100	102		substitute for that energy code the latest published edition of the
101	103		energy efficiency chapter of the International Residential Code,
102	104		based on written findings on the stringency of the chapter
103	105		submitted by the laboratory under Subsection (b-3). The office:
104	106		(1) may not amend or adopt an edition under this
105	107		subsection more often than once every six years; [and]
106	108		(2) by rule shall establish an effective date for an
107	109		adopted edition that is not earlier than nine months after the date
108	110		of adoption; and
109	111		(3) may amend an adopted edition.
110	112		(a-1) Before amending or adopting an edition of the energy
111	113		efficiency chapter of the International Residential Code under
112	114		Subsection (a), the State Energy Conservation Office shall conduct
113	115		an analysis that:
114	116		(1) measures the impact of the amendment or adoption
115	117		on housing attainability in this state; and
116	118		(2) quantifies the incremental construction cost and
117	119		energy use cost savings associated with construction to evaluate
118	120		the cost-effectiveness of the proposed amendment or adoption.
119	121		(a-2) The analysis under Subsection (a-1)(2) must calculate
120	122		the payback period for any required products or minimum standards
121	123		or requirements that are more stringent than the energy code in
122	124		effect on the date immediately before the date the amendment or
123	125		adoption would take effect.
124	126		(b) To achieve energy conservation in all other
125	127		residential, commercial, and industrial construction, the
126	128		International Energy Conservation Code as it existed on May 1,
127	129		2001, is adopted as the energy code for use in this state for all
128	130		other residential, commercial, and industrial construction. The
129	131		State Energy Conservation Office may adopt and substitute for that
130	132		energy code the latest published edition of the International
131	133		Energy Conservation Code, based on written findings on the
132	134		stringency of the edition submitted by the laboratory under
133	135		Subsection (b-3). The office:
134	136		(1) by rule shall establish an effective date for an
135	137		adopted edition that is not earlier than nine months after the date
136	138		of adoption; and
137	139		(2) may amend an adopted edition.
138	140		(b-2) The State Energy Conservation Office by rule shall
139	141		establish a procedure for persons who have an interest in the
140	142		amendment or adoption of energy codes under Subsection (a) or (b) to
141	143		have an opportunity to comment on the codes under
142	144		consideration. The office shall consider persons who have an
143	145		interest in adoption of those codes to include:
144	146		(1) commercial and residential builders, architects,
145	147		and engineers;
146	148		(2) municipal, county, and other local government
147	149		authorities;
148	150		(3) environmental groups; and
149	151		(4) manufacturers of building materials and products.
150	152		SECTION 3. This Act takes effect September 1, 2025.
	153	+	* * * * *