Bill Text: TX HB738 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
87R11692 MP-D | ||
By: Paul | H.B. No. 738 |
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relating to the residential and commercial building codes of | ||
municipalities. | ||
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 | ||
Subsections (e) and (f) to read as follows: | ||
(a) To protect the public health, safety, and welfare, the | ||
International Residential Code, as it existed on May 1, 2012 | ||
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state. | ||
(c) Subject to Subsection (e), a [ |
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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 [ |
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(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. | ||
(f) This section does not affect provisions regarding the | ||
installation of a fire sprinkler protection system under Section | ||
1301.551(i), Occupations Code, or Section 775.045(a)(1), Health | ||
and Safety Code. | ||
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 [ |
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commercial building code in this state. | ||
(b) The International Building Code applies to all | ||
commercial buildings in a municipality [ |
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remodeling, enlargement, or repair of those commercial buildings. | ||
(c) Subject to Subsection (f), a [ |
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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 [ |
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(e) A municipality that has adopted a more stringent | ||
commercial building code than a commercial building code required | ||
by this section [ |
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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. (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 5. This Act takes effect January 1, 2022, except | ||
that Section 4(b) of this Act and this section take effect September | ||
1, 2021. |