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


Senate Research CenterC.S.S.B. 365
77R8161 JMG-FBy: Armbrister
Business & Commerce
3/20/2001
Committee Report (Substituted)


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.
C.S.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,"
"residential," and "national electrical code." 

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. Requires 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. Provides that the International Residential Code
will not apply to the installation and maintenance of electrical wiring and
related components. Provides that all residential electrical construction
applications will be governed by the National Electrical Code, as it
existed on May 1, 2001. Requires a municipality to not be required to
review and consider amendments to the electrical provisions made by the
International Code Council to the International Residential Code after May
1, 2001. 

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
including those structural provisions of the International Residential Code
as specified and adopted by the commissioner of insurance (commissioner)
under the plan of operation. Requires all structures that  are constructed
or repaired or to which additions are made on or after January 1, 1998, and
before January 1, 2002, in order to be considered insurable property for
windstorms and hail insurance from the association, to be inspected or
approved by the board for compliance with the building specifications in
the plan of operation.  Requires a person, to obtain a certificate of
compliance as required by this section, to submit an application for
windstorm inspection to the unit responsible for windstorm inspection at
the Texas Department of Insurance before beginning to construct, alter,
remodel, enlarge, or repair a structure. 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. 



SUMMARY OF COMMITTEE CHANGES

SECTION 1. Amends As Filed S.B. 365, Local Government Code, as follows:

 _Adds "National Electrical Code" as new proposed definition.

 _Adds new proposed Section 214.213 regarding exception of the
International Residential Code. 

 _Adds "enlargement" to Section 214.212(b).

 _Deletes previously proposed language in Subsection (e) regarding
inspection of a residential structure. 

SECTION 2. Amends As Filed S.B. 365, Sections 6A(a) and (d), Article 21.49,
Insurance Code, as follows:   

 _Adds new proposed language in Subsection (a) regarding structural
provisions and obtaining a certificate of compliance. 

 _Deletes previously proposed language regarding roofing materials
satisfying the UL Standard 997. 

 _Adds new proposed language in Subsection (d) regarding the definition of
"qualified person."