SRC-JEC, MWN S.B. 365 77(R)BILL ANALYSIS Senate Research CenterS.B. 365 By: Armbrister Business & Commerce 7/9/2001 Enrolled DIGEST AND PURPOSE Currently, Texas cities are authorized to adopt building codes regulating construction within their jurisdiction, but the different building codes can cause confusion and delays throughout the construction process. S.B. 365 provides for the adoption of the International Residential Code as the uniform residential building code in Texas. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the commissioner of insurance in SECTION 2 (Section 6A, Article 21.49, Insurance Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 214, Local Government Code, by adding Subchapter G, as follows: SUBCHAPTER G. BUILDING CODES Sec. 214.211. DEFINITIONS. Defines "international residential code," "national electrical code," and "residential." Sec. 214.212. INTERNATIONAL RESIDENTIAL CODE. Adopts the International Residential Code, as it existed on May 1, 2001, as a municipal residential building code in this state to protect the public health, safety, and welfare. Provides that the International Residential Code applies to all construction, alteration, remodeling, enlargement, and repair of residential structures in a municipality. Authorizes a municipality to establish procedures to adopt local amendments to the International Residential Code; and for the administration and enforcement of the International Residential Code. Authorizes a municipality to review and consider amendments made by the International Code Council to the International Residential Code after May 1, 2001. Sec. 214.213. EXCEPTIONS. (a) Provides that the International Residential Code does not apply to the installation and maintenance of electrical wiring and related components. (b) Provides that a municipality is not required to review and consider adoption of amendments to the International Residential Code regarding electrical provisions. Sec. 214.214. NATIONAL ELECTRICAL CODE. (a) Provides that the National Electrical Code, as it existed on May 1, 2001, is adopted as the municipal residential electrical construction code in this state and applies to all residential electrical construction applications. (b) Authorizes a municipality to establish procedures to adopt local amendments to the National Electrical Code, and for the administration and enforcement of the National Electrical Code. SECTION 2. Amends Sections 6A(a) and (d), Article 21.49, Insurance Code, to require all structures that are constructed or repaired or to which additions are made on or after January 1, 2002, rather than January 1, 1988, to be considered insurable property for windstorm and hail insurance from the Texas Catastrophe Property Insurance Association (association) and be inspected or approved by the State Board of Insurance (board) for compliance with the building specifications in the plan of operation. Authorizes the commissioner of insurance (commissioner), after January 1, 2002, and in specified geographic areas, to supplement, by rule, the building specifications in the plan of operation with the structural provisions of the International Residential Code. Requires a person, after January 1, 2002, to submit an application for windstorm inspection to the unit responsible for windstorm inspection at the Texas Department of Insurance (department) before beginning to construct, alter, remodel, enlarge, or repair a structure. Provides that failure to submit a timely application may result in a certificate of compliance not being issued unless certain information is submitted to the unit responsible for windstorm inspection at the department as may be requested in order to fulfill the requirements of this section. Redefines "qualified inspector." SECTION 3. (a) Makes application of this Act prospective. (b) Requires municipalities, before January 1, 2002, to establish rules and take other necessary actions to implement Chapter 214G, Local Government Code, as added by this Act. SECTION 4. Effective date: January 1, 2002, except that Section 3(b) and this section take effect September 1, 2001.