SRC-MWN S.B. 365 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 365
77R3384 JMG-FBy: Armbrister
Business & Commerce
3/5/2001
As Filed


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. As
proposed, S.B. 365 provides for the adoption of the International
Residential Code as the uniform residential building code in Texas. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

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" 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, 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.
Requires a municipality to review and consider amendments made by the
International Code Council to the International Residential Code after May
1, 2001. Requires an inspection of a residential structure in a
municipality to be conducted by a person who is an International Code
Council certified inspector or a licensed professional engineer and who has
any other qualifications established by the municipality. Authorizes a
municipality to employ or contract for the services of an inspector. 

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 or the
structural provisions of the International Residential Code as that code
existed on May 1, 2001, and any amendments to that code adopted by the
International Code Council and approved by the board. Requires that all
structures that are constructed or repaired or to which additions are made
on or after January 1, 1988, and before January 1, 2002, which are to be
considered insurable property for windstorm and hail insurance from the
association are to be inspected or approved by the board for compliance
with the building specifications in the plan of operation. Provides that
roofing materials satisfy the building specifications in the plan of
operation if those materials pass the UL Standard 997 or  a comparable test
certified by the board and are installed as required by the board to
promote the wind resistance of the materials. Redefines "qualified
inspector." 

SECTION 3. Makes application of this Act prospective.
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.