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A BILL TO BE ENTITLED
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AN ACT
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relating to certain regulations adopted by governmental entities |
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for the construction or alteration of residential or commercial |
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buildings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3000.002(c), Government Code, is amended |
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to read as follows: |
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(c) This section does not apply to: |
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(1) a program established by a state agency that |
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requires particular standards, incentives, or financing |
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arrangements in order to comply with requirements of a state or |
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federal funding source or housing program; |
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(2) a requirement for a building necessary to consider |
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the building eligible for windstorm and hail insurance coverage |
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under Chapter 2210, Insurance Code; |
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(3) an ordinance or other regulation that regulates |
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outdoor lighting that is adopted for the purpose of reducing light |
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pollution and that: |
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(A) is adopted by a governmental entity that is |
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certified as a Dark Sky Community by the International Dark-Sky |
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Association as part of the International Dark Sky Places Program; |
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(B) is adopted by a governmental entity that has |
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adopted a resolution stating the entity's intent to become |
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certified as a Dark Sky Community by the International Dark-Sky |
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Association as part of the International Dark Sky Places Program |
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and does not regulate outdoor lighting in a manner that is more |
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restrictive than the prohibitions or limitations required to become |
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certified as a Dark Sky Community; or |
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(C) applies to outdoor lighting within five miles |
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of the boundary of a military base in which an active training |
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program is conducted; |
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(4) an ordinance or order that: |
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(A) regulates outdoor lighting; and |
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(B) is adopted under Subchapter B, Chapter 229, |
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Local Government Code, or Subchapter B, Chapter 240, Local |
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Government Code; |
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(5) a building located in a place or area designated |
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for its historical, cultural, or architectural importance and |
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significance that a municipality may regulate under Section |
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211.003(b), Local Government Code, if the municipality: |
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(A) is a certified local government under the |
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National Historic Preservation Act (54 U.S.C. Section 300101 et |
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seq.); or |
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(B) has an applicable landmark ordinance that |
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meets the requirements under the certified local government program |
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as determined by the Texas Historical Commission; |
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(6) a building located in a place or area designated |
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for its historical, cultural, or architectural importance and |
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significance by a governmental entity, if designated before April |
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1, 2019; |
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(7) a building located in an area designated as a |
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historic district on the National Register of Historic Places; |
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(8) a building designated as a Recorded Texas Historic |
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Landmark; |
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(9) a building designated as a State Archeological |
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Landmark or State Antiquities Landmark; |
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(10) a building listed on the National Register of |
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Historic Places or designated as a landmark by a governmental |
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entity; |
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(11) a building located in a World Heritage Buffer |
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Zone; |
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(12) a building located in an area designated for |
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development, restoration, or preservation in a main street city |
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under the main street program established under Section 442.014; |
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(13) a standard for a plumbing product required by an |
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ordinance or other regulation implementing a water conservation |
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plan or program described by Section 11.1271 or 13.146, Water Code; |
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[and] |
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(14) a standard for a plumbing product imposed by the |
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Texas Water Development Board as a condition of applying for or |
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receiving financial assistance under a program administered by the |
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board; |
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(15) an energy code as adopted by the State Energy |
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Conservation Office under Section 388.003(a) or (b), Health and |
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Safety Code; |
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(16) an energy and water conservation design standard |
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established by the State Energy Conservation Office under Section |
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447.004; and |
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(17) a high-performance building standard approved by |
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a board of regents under Section 55.115, Education Code. |
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SECTION 2. Section 388.003, Health and Safety Code, is |
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amended by amending Subsections (a), (b), and (b-2) and adding |
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Subsections (a-1) and (a-2) to read as follows: |
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(a) To achieve energy conservation in single-family |
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residential construction, the energy efficiency chapter of the |
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International Residential Code, as it existed on May 1, 2001, is |
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adopted as the energy code in this state for single-family |
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residential construction. On September 1, 2016, the energy |
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efficiency chapter of the International Residential Code, as it |
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existed on May 1, 2015, is adopted as the energy code in this state |
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for single-family residential construction. On or after September |
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1, 2021, the State Energy Conservation Office may adopt and |
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substitute for that energy code the latest published edition of the |
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energy efficiency chapter of the International Residential Code, |
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based on written findings on the stringency of the chapter |
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submitted by the laboratory under Subsection (b-3). The office: |
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(1) may not amend or adopt an edition under this |
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subsection more often than once every six years; [and] |
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(2) by rule shall establish an effective date for an |
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adopted edition that is not earlier than nine months after the date |
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of adoption; and |
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(3) may amend an adopted edition. |
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(a-1) Before amending or adopting an edition of the energy |
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efficiency chapter of the International Residential Code under |
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Subsection (a), the State Energy Conservation Office shall conduct |
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an analysis that: |
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(1) measures the impact of the amendment or adoption |
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on housing attainability in this state; and |
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(2) quantifies the incremental construction cost and |
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energy use cost savings associated with construction to evaluate |
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the cost-effectiveness of the proposed amendment or adoption. |
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(a-2) The analysis under Subsection (a-1)(2) must calculate |
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the payback period for any required products or minimum standards |
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or requirements that are more stringent than the energy code in |
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effect on the date immediately before the date the amendment or |
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adoption would take effect. |
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(b) To achieve energy conservation in all other |
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residential, commercial, and industrial construction, the |
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International Energy Conservation Code as it existed on May 1, |
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2001, is adopted as the energy code for use in this state for all |
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other residential, commercial, and industrial construction. The |
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State Energy Conservation Office may adopt and substitute for that |
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energy code the latest published edition of the International |
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Energy Conservation Code, based on written findings on the |
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stringency of the edition submitted by the laboratory under |
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Subsection (b-3). The office: |
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(1) by rule shall establish an effective date for an |
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adopted edition that is not earlier than nine months after the date |
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of adoption; and |
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(2) may amend an adopted edition. |
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(b-2) The State Energy Conservation Office by rule shall |
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establish a procedure for persons who have an interest in the |
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amendment or adoption of energy codes under Subsection (a) or (b) to |
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have an opportunity to comment on the codes under |
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consideration. The office shall consider persons who have an |
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interest in adoption of those codes to include: |
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(1) commercial and residential builders, architects, |
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and engineers; |
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(2) municipal, county, and other local government |
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authorities; |
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(3) environmental groups; and |
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(4) manufacturers of building materials and products. |
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SECTION 3. This Act takes effect September 1, 2025. |