By Ritter                                             H.B. No. 2411
         77R8159 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the adoption of a uniform residential building code for
 1-3     use in the state.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 214, Local Government Code, is amended by
 1-6     adding Subchapter G to read as follows:
 1-7                        SUBCHAPTER G. BUILDING CODES
 1-8           Sec. 214.211.  DEFINITIONS.  In this subchapter:
 1-9                 (1)  "International Residential Code" means the
1-10     International Residential Code for One- and Two-Family Dwellings
1-11     promulgated by the International Code Council.
1-12                 (2)  "Residential" means having the character of a
1-13     detached one- or two-family dwelling or a multiple single-family
1-14     dwelling not more than three stories high with separate means of
1-15     egress, including the accessory structures of the dwelling.
1-16           Sec. 214.212.  INTERNATIONAL RESIDENTIAL CODE. (a)  To
1-17     protect the public health, safety, and welfare, the International
1-18     Residential Code, as it existed on May 1, 2001, is adopted as a
1-19     municipal residential building code in this state.
1-20           (b)  The International Residential Code applies to all
1-21     construction, alteration, remodeling, enlargement, and repair of
1-22     residential structures in a municipality.
1-23           (c)  A municipality may establish procedures:
1-24                 (1)  to adopt local amendments to the International
 2-1     Residential Code; and
 2-2                 (2)  for the administration and enforcement of the
 2-3     International Residential Code.
 2-4           (d)  A municipality shall review and consider amendments made
 2-5     by the International Code Council to the International Residential
 2-6     Code after May 1, 2001.
 2-7           SECTION 2. Sections 6A(a) and (d), Article 21.49, Insurance
 2-8     Code, are amended to read as follows:
 2-9           (a)  Except as otherwise provided by this Subsection, all
2-10     structures that are constructed or repaired or to which additions
2-11     are made on or after January 1, 2002 [1988], to be considered
2-12     insurable property for windstorm and hail insurance from the
2-13     Association, must be inspected or approved by the Board for
2-14     compliance with the building specifications in the plan of
2-15     operation, including those structural provisions of the
2-16     International Residential Code as specified and adopted by the
2-17     commissioner of insurance under the plan of operation.  All
2-18     structures that are constructed or repaired or to which additions
2-19     are made on or after January 1, 1988, and before January 1, 2002,
2-20     to be considered insurable property for windstorm and hail
2-21     insurance from the Association, must be inspected or approved by
2-22     the Board for compliance with the building specifications in the
2-23     plan of operation.  Roofing materials satisfy the building
2-24     specifications in the plan of operation if those materials pass the
2-25     UL Standard 997 or a comparable test certified by the Board and are
2-26     installed as required by the Board to promote the wind resistance
2-27     of the materials.  A structure constructed, repaired, or to which
 3-1     additions were made before January 1, 1988, that is located in an
 3-2     area covered at the time by a building code recognized by the
 3-3     Association shall be considered an insurable property for windstorm
 3-4     and hail insurance from the Association without compliance with the
 3-5     inspection or approval requirements of this Section or the plan of
 3-6     operation.  A structure constructed, repaired, or to which
 3-7     additions were made before January 1, 1988, that is located in an
 3-8     area not covered by a building code recognized by the Association
 3-9     shall be considered an insurable property for windstorm and hail
3-10     insurance from the Association without compliance with the
3-11     inspection or approval requirements of this Section or the plan of
3-12     operation if that structure has been previously insured by a
3-13     licensed insurance company authorized to do business in this State
3-14     and the risk is in essentially the same condition as when
3-15     previously insured, except for normal wear and tear, and without
3-16     any structural change other than a change made according to code.
3-17     Evidence of previous insurance includes a copy of a previous
3-18     policy, copies of canceled [cancelled] checks or agent's records
3-19     that show payments for previous policies, and a copy of the title
3-20     to the structure or mortgage company records that show previous
3-21     policies.  To obtain a certificate of compliance as required by
3-22     this Section, a person must submit an application for windstorm
3-23     inspection to the unit responsible for windstorm inspection at the
3-24     Texas Department of Insurance before beginning to construct, alter,
3-25     remodel, enlarge, or repair a structure.  The Board may appoint or
3-26     employ qualified inspectors as defined in this Section to perform
3-27     any inspections required by this Section.
 4-1           (d)  A "qualified inspector" includes:
 4-2                 (1)  a person determined by the Board to be qualified
 4-3     to perform building inspections because of training or experience;
 4-4                 (2)  a licensed professional engineer meeting the
 4-5     requirements of the rules adopted by the commissioner of insurance
 4-6     for appointment to conduct windstorm inspections; and
 4-7                 (3)  an inspector who is certified by the International
 4-8     Code Council, the Building Officials and Code Administrators
 4-9     International, Inc., the International Conference of Building
4-10     Officials, or the Southern Building Code Congress International,
4-11     Inc., who has certifications as a buildings inspector and coastal
4-12     construction inspector, and who complies with any other
4-13     requirements specified by the commissioner of insurance.  A
4-14     qualified inspector must be approved and appointed or employed by
4-15     the Board to perform building inspections.  The Board may charge a
4-16     reasonable fee not to exceed $200 for the filing of applications
4-17     and determining the qualifications of persons for appointment as
4-18     qualified inspectors.
4-19           SECTION 3. (a)  Subchapter G, Chapter 214, Local Government
4-20     Code, as added by this Act, applies only to residential
4-21     construction, remodeling, alteration, or repair that begins under
4-22     an agreement made on or after January 1, 2002, or that begins, in
4-23     the absence of an agreement, on or after that date.  Residential
4-24     construction, remodeling, alteration, or repair that begins under
4-25     an agreement made before January 1, 2002, or that begins, in the
4-26     absence of an agreement, before that date is governed by the law in
4-27     effect when the agreement was made or the activity began, as
 5-1     appropriate,  and that law is continued in effect for that purpose.
 5-2           (b)  Municipalities shall, before January 1, 2002, establish
 5-3     rules and take other necessary actions to implement Subchapter G,
 5-4     Chapter 214, Local Government Code, as added by this Act.
 5-5           SECTION 4. This Act takes effect January 1, 2002, except that
 5-6     Section 3(b) and this section take effect September 1, 2001.