By: Menéndez, et al.	S.B. No. 2453
	(Hernandez)

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain regulations adopted by governmental entities
	for the building products, materials, or methods used in the
	construction of residential or commercial buildings.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 3000.002(c), Government Code, is amended
	to read as follows:
	(c)  This section does not apply to:
	(1)  a program established by a state agency that
	requires particular standards, incentives, or financing
	arrangements in order to comply with requirements of a state or
	federal funding source or housing program;
	(2)  a requirement for a building necessary to consider
	the building eligible for windstorm and hail insurance coverage
	under Chapter 2210, Insurance Code;
	(3)  an ordinance or other regulation that regulates
	outdoor lighting that is adopted for the purpose of reducing light
	pollution and that:
	(A)  is adopted by a governmental entity that is
	certified as a Dark Sky Community by the International Dark-Sky
	Association as part of the International Dark Sky Places Program;
	(B)  is adopted by a governmental entity that has
	adopted a resolution stating the entity's intent to become
	certified as a Dark Sky Community by the International Dark-Sky
	Association as part of the International Dark Sky Places Program
	and does not regulate outdoor lighting in a manner that is more
	restrictive than the prohibitions or limitations required to become
	certified as a Dark Sky Community; or
	(C)  applies to outdoor lighting within five miles
	of the boundary of a military base in which an active training
	program is conducted;
	(4)  an ordinance or order that:
	(A)  regulates outdoor lighting; and
	(B)  is adopted under Subchapter B, Chapter 229,
	Local Government Code, or Subchapter B, Chapter 240, Local
	Government Code;
	(5)  a building located in a place or area designated
	for its historical, cultural, or architectural importance and
	significance that a municipality may regulate under Section
	211.003(b), Local Government Code, if the municipality:
	(A)  is a certified local government under the
	National Historic Preservation Act (54 U.S.C. Section 300101 et
	seq.); or
	(B)  has an applicable landmark ordinance that
	meets the requirements under the certified local government program
	as determined by the Texas Historical Commission;
	(6)  a building located in a place or area designated
	for its historical, cultural, or architectural importance and
	significance by a governmental entity, if designated before April
	1, 2019;
	(7)  a building located in an area designated as a
	historic district on the National Register of Historic Places;
	(8)  a building designated as a Recorded Texas Historic
	Landmark;
	(9)  a building designated as a State Archeological
	Landmark or State Antiquities Landmark;
	(10)  a building listed on the National Register of
	Historic Places or designated as a landmark by a governmental
	entity;
	(11)  a building located in a World Heritage Buffer
	Zone;
	(12)  a building located in an area designated for
	development, restoration, or preservation in a main street city
	under the main street program established under Section 442.014;
	(13)  a standard for a plumbing product required by an
	ordinance or other regulation implementing a water conservation
	plan or program described by Section 11.1271 or 13.146, Water Code;
	[and]
	(14)  a standard for a plumbing product imposed by the
	Texas Water Development Board as a condition of applying for or
	receiving financial assistance under a program administered by the
	board;
	(15)  an energy code as adopted by the State Energy
	Conservation Office under Section 388.003(a) or (b), Health and
	Safety Code;
	(16)  an energy and water conservation design standard
	established by the State Energy Conservation Office under Section
	447.004; and
	(17)  a high-performance building standard approved by
	a board of regents under Section 55.115, Education Code.
	SECTION 2.  Section 388.003, Health and Safety Code, is
	amended by amending Subsections (a), (b), and (b-2) and adding
	Subsections (a-1) and (a-2) to read as follows:
	(a)  To achieve energy conservation in single-family
	residential construction, the energy efficiency chapter of the
	International Residential Code, as it existed on May 1, 2001, is
	adopted as the energy code in this state for single-family
	residential construction. On September 1, 2016, the energy
	efficiency chapter of the International Residential Code, as it
	existed on May 1, 2015, is adopted as the energy code in this state
	for single-family residential construction. On or after September
	1, 2021, the State Energy Conservation Office may adopt and
	substitute for that energy code the latest published edition of the
	energy efficiency chapter of the International Residential Code,
	based on written findings on the stringency of the chapter
	submitted by the laboratory under Subsection (b-3).  The office:
	(1)  may not amend or adopt an edition under this
	subsection more often than once every six years; [and]
	(2)  by rule shall establish an effective date for an
	adopted edition that is not earlier than nine months after the date
	of adoption; and
	(3)  may amend an adopted edition.
	(a-1)  Before amending or adopting an edition of the energy
	efficiency chapter of the International Residential Code under
	Subsection (a), the State Energy Conservation Office shall conduct
	an analysis that:
	(1)  measures the impact of the amendment or adoption
	on housing attainability in this state; and
	(2)  quantifies the incremental construction cost and
	energy use cost savings associated with construction to evaluate
	the cost-effectiveness of the proposed amendment or adoption.
	(a-2)  The analysis under Subsection (a-1)(2) must calculate
	the payback period for any required products or minimum standards
	or requirements that are more stringent than the energy code in
	effect on the date immediately before the date the amendment or
	adoption would take effect.
	(b)  To achieve energy conservation in all other
	residential, commercial, and industrial construction, the
	International Energy Conservation Code as it existed on May 1,
	2001, is adopted as the energy code for use in this state for all
	other residential, commercial, and industrial construction. The
	State Energy Conservation Office may adopt and substitute for that
	energy code the latest published edition of the International
	Energy Conservation Code, based on written findings on the
	stringency of the edition submitted by the laboratory under
	Subsection (b-3).  The office:
	(1)  by rule shall establish an effective date for an
	adopted edition that is not earlier than nine months after the date
	of adoption; and
	(2)  may amend an adopted edition.
	(b-2)  The State Energy Conservation Office by rule shall
	establish a procedure for persons who have an interest in the
	amendment or adoption of energy codes under Subsection (a) or (b) to
	have an opportunity to comment on the codes under
	consideration.  The office shall consider persons who have an
	interest in adoption of those codes to include:
	(1)  commercial and residential builders, architects,
	and engineers;
	(2)  municipal, county, and other local government
	authorities;
	(3)  environmental groups; and
	(4)  manufacturers of building materials and products.
	SECTION 3.  This Act takes effect September 1, 2023.