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.