Bill Text: TX HB738 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to residential and commercial building requirements of municipalities, counties, and emergency services districts.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2021-06-07 - See remarks for effective date [HB738 Detail]

Download: Texas-2021-HB738-Enrolled.html
 
 
  H.B. No. 738
 
 
 
 
AN ACT
  relating to residential and commercial building requirements of
  municipalities, counties, and emergency services districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 214.212, Local Government Code, is
  amended by amending Subsections (a), (c), and (d) and adding
  Subsection (e) to read as follows:
         (a)  To protect the public health, safety, and welfare, the
  International Residential Code, as it existed on May 1, 2012
  [2001], is adopted as a municipal residential building code in this
  state.
         (c)  Subject to Subsection (e), a [A] municipality may
  establish procedures:
               (1)  to adopt local amendments to the International
  Residential Code that may add, modify, or remove requirements set
  by the code; and
               (2)  for the administration and enforcement of the
  International Residential Code.
         (d)  A municipality may review and consider amendments made
  by the International Code Council to the International Residential
  Code after May 1, 2012 [2001].
         (e)  A municipality may not adopt a local amendment under
  Subsection (c) unless the municipality:
               (1)  holds a public hearing on the local amendment
  before adopting the local amendment; and
               (2)  adopts the local amendment by ordinance.
         SECTION 2.  Section 214.216, Local Government Code, is
  amended to read as follows:
         Sec. 214.216.  INTERNATIONAL BUILDING CODE.  (a)  To protect
  the public health, safety, and welfare, the International Building
  Code, as it existed on May 1, 2012 [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.
         (c)  Subject to Subsection (f), a [A] municipality may
  establish procedures:
               (1)  to adopt local amendments to the International
  Building Code that may add, modify, or remove requirements set by
  the code; and
               (2)  for the administration and enforcement of the
  International Building Code.
         (d)  A municipality may review and consider amendments made
  by the International Code Council to the International Building
  Code after May 1, 2012 [2003].
         (e)  A municipality that has adopted a more stringent
  commercial building code than a commercial building code required
  by this section [before January 1, 2006,] is not required to repeal
  that code and may adopt future editions of that code.
         (f)  A municipality may not adopt a local amendment under
  Subsection (c) unless the municipality:
               (1)  holds a public hearing on the local amendment
  before adopting the local amendment; and
               (2)  adopts the local amendment by ordinance.
         SECTION 3.  Section 214.217(e), Local Government Code, is
  amended to read as follows:
         (e)  On the written request from five or more persons or if
  required by Section 214.212(e) or 214.216(f), the governing body of
  the municipality shall hold a public hearing open to public comment
  on the proposed adoption of or amendment to a national model code
  under this section. The hearing must be held on or before the 14th
  day before the date the governing body adopts the ordinance that
  adopts or amends a national model code under this section.
         SECTION 4.  Chapter 250, Local Government Code, is amended
  by adding Section 250.011 to read as follows:
         Sec. 250.011.  RESIDENTIAL FIRE PROTECTION SPRINKLER
  SYSTEMS. (a) Notwithstanding any other law and except as provided
  by Subsection (c), a municipality, county, or emergency services
  district may not enact an ordinance, bylaw, order, building code,
  or rule requiring the installation of a multipurpose residential
  fire protection sprinkler system or any other fire protection
  sprinkler system in a new or existing one- or two-family dwelling.
         (b)  A municipality, county, or emergency services district
  may adopt an ordinance, bylaw, order, building code, or rule
  allowing a multipurpose residential fire protection sprinkler
  system specialist or other contractor to offer, for a fee, the
  installation of a fire protection sprinkler system in a new one- or
  two-family dwelling.
         (c)  Subsection (a) does not apply to:
               (1)  a municipality that has enacted an ordinance,
  bylaw, order, building code, or rule requiring the installation of
  a multipurpose residential fire protection sprinkler system or any
  other fire protection sprinkler system in a new or existing one- or
  two-family dwelling on or before January 1, 2009; or
               (2)  an emergency services district:
                     (A)  that before February 1, 2013, has adopted a
  fire code, fire code amendments, or other requirements in conflict
  with Subsection (a); and
                     (B)  whose territory is located:
                           (i)  in or adjacent to a general law
  municipality with a population of less than 4,000 that is served by
  a water control and improvement district governed by Chapter 51,
  Water Code; and
                           (ii)  in a county that has a population of
  more than one million and is adjacent to a county with a population
  of more than 420,000.
         SECTION 5.  (a) Sections 214.212 and 214.216, Local
  Government Code, as amended by this Act, apply only to residential
  or commercial construction, remodeling, alteration, enlargement,
  or repair 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, or repair 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.
         (b)  Municipalities shall, before January 1, 2022, establish
  rules and take other necessary actions to implement Sections
  214.212 and 214.216, Local Government Code, as amended by this Act.
         SECTION 6.  This Act takes effect January 1, 2022, except
  that Section 5(b) of this Act and this section take effect September
  1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 738 was passed by the House on April
  8, 2021, by the following vote:  Yeas 143, Nays 5, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 738 on May 23, 2021, by the following vote:  Yeas 134, Nays 10,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 738 was passed by the Senate, with
  amendments, on May 19, 2021, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
feedback