CBW C.S.S.B. 365 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 365
By: Armbrister
Land & Resource Management
4/16/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a municipality in Texas is authorized to adopt building
codes regulating construction within its jurisdiction, but the differing
building codes among municipalities may confuse contractors that work in
multiple municipalities, which may cause delays throughout the construction
process.  Establishing a uniform residential building code and a
residential electrical construction code may alleviate the problem.
C.S.S.B. 365 provides for the adoption of the International Residential
Code as a municipal residential building code and the National Electrical
Code as the municipal residential electrical construction code in Texas. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of insurance in
SECTION 2  (Section 6A, Article 21.49, Insurance Code) of this bill. 

ANALYSIS

C.S.S.B. 365 amends the Local Government Code to adopt the International
Residential Code (IRC), as it existed on May 1, 2001, as a municipal
residential building code in this state and the National Electrical Code
(NEC), as it existed on May 1, 2001, as the municipal residential
electrical construction code in this state.  The bill provides that the IRC
applies to all construction, alteration, remodeling, enlargement, and
repair of residential structures in a municipality and provides that the
NEC applies to all residential electrical construction applications.  The
bill authorizes a municipality to establish procedures for the
administration and enforcement of the IRC and the NEC and  to adopt local
amendments to the IRC and the NEC.  The bill authorizes a municipality to
review and consider amendments made by the International Code Council to
the IRC after May 1, 2001. The bill provides that the IRC does not apply to
the installation and maintenance of electrical wiring and related
components. 

The bill amends the Insurance Code to authorize  the commissioner of
insurance (commissioner) by rule to supplement the building specifications
in the plan of operation with the structural provisions of  the IRC in
geographic areas specified by the commissioner. The bill provides that to
obtain a certificate of compliance, a person must submit an application for
windstorm inspection at the Texas Department of Insurance before beginning
to construct, alter, remodel, enlarge, or repair a structure and that
failure to submit a timely application may result in a certificate of
compliance not being issued unless certain conditions are met. 

EFFECTIVE DATE

January 1, 2002. The provision that requires municipalities to establish
rules and take other necessary actions to implement building codes before
January 1, 2002, takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B.  365 differs from the original bill by adopting the National
Electrical Code (NEC) as the municipal  residential electrical construction
code in this state.   The substitute authorizes the commissioner of
insurance (commissioner) by rule to supplement the building specifications
in the plan of operation with the structural provisions of the
International Residential Code (IRC).  The substitute provides that the
definition of "residential" does not apply to properties with certain
characteristics.  The substitute removes the provision that modified the
date by which alterations must be made to a structure to be exempt from
inspection by the State Board of Insurance for compliance.   

The substitute modifies provisions regarding application submission for
windstorm inspection and sets forth provisions regarding the failure of a
person to submit a timely application for a windstorm inspection. 

The substitute provides rulemaking authority to the commissioner to specify
by rule requirements for qualified inspectors.  The substitute differs from
the original by removing certain requirements for considering property
insurable for windstorm and hail insurance.