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)  "National Electrical Code" means the electrical
1-13     code published by the National Fire Protection Association.
1-14                 (3)  "Residential" means having the character of a
1-15     detached one-family or two-family dwelling or a multiple
1-16     single-family dwelling that is not more than three stories high
1-17     with separate means of egress, including the accessory structures
1-18     of the dwelling, and that does not have the character of a facility
1-19     used for the accommodation of transient guests or a structure in
1-20     which medical, rehabilitative, or assisted living services are
1-21     provided in connection with the occupancy of the structure.
1-22           Sec. 214.212.  INTERNATIONAL RESIDENTIAL CODE.  (a)  To
1-23     protect the public health, safety, and welfare, the International
1-24     Residential Code, as it existed on May 1, 2001, is adopted as a
1-25     municipal residential building code in this state.
 2-1           (b)  The International Residential Code applies to all
 2-2     construction, alteration, remodeling, enlargement, and repair of
 2-3     residential structures in a municipality.
 2-4           (c)  A municipality may establish procedures:
 2-5                 (1)  to adopt local amendments to the International
 2-6     Residential Code; and
 2-7                 (2)  for the administration and enforcement of the
 2-8     International Residential Code.
 2-9           (d)  A municipality may review and consider amendments made
2-10     by the International Code Council to the International Residential
2-11     Code after May 1, 2001.
2-12           Sec. 214.213.  EXCEPTIONS.  (a)  The International
2-13     Residential Code does not apply to the installation and maintenance
2-14     of electrical wiring and related components.
2-15           (b)  A municipality is not required to review and consider
2-16     adoption of amendments to the International Residential Code
2-17     regarding electrical provisions.
2-18           Sec. 214.214.  NATIONAL ELECTRICAL CODE.  (a)  The National
2-19     Electrical Code, as it existed on May 1, 2001, is adopted as the
2-20     municipal residential electrical construction code in this state
2-21     and applies to all residential electrical construction
2-22     applications.
2-23           (b)  A municipality may establish procedures:
2-24                 (1)  to adopt local amendments to the National
2-25     Electrical Code; and
2-26                 (2)  for the administration and enforcement of the
 3-1     National Electrical Code.
 3-2           SECTION 2.  Subsections (a) and (d), Section 6A, Article
 3-3     21.49, Insurance Code, are amended to read as follows:
 3-4           (a)  Except as otherwise provided by this Subsection, all
 3-5     structures that are constructed or repaired or to which additions
 3-6     are made on or after January 1, 1988, to be considered insurable
 3-7     property for windstorm and hail insurance from the Association,
 3-8     must be inspected or approved by the Board for compliance with the
 3-9     building specifications in the plan of operation.  After January 1,
3-10     2002, in geographic areas specified by the commissioner, the
3-11     commissioner by rule may supplement the building specifications in
3-12     the plan of operation with the structural provisions of the
3-13     International Residential Code.  Roofing materials satisfy the
3-14     building specifications in the plan of operation if those materials
3-15     pass the UL Standard 997 or a comparable test certified by the
3-16     Board and are installed as required by the Board to promote the
3-17     wind resistance of the materials.  A structure constructed,
3-18     repaired, or to which additions were made before January 1, 1988,
3-19     that is located in an area covered at the time by a building code
3-20     recognized by the Association shall be considered an insurable
3-21     property for windstorm and hail insurance from the Association
3-22     without compliance with the inspection or approval requirements of
3-23     this Section or the plan of operation.  A structure constructed,
3-24     repaired, or to which additions were made before January 1, 1988,
3-25     that is located in an area not covered by a building code
3-26     recognized by the Association shall be considered an insurable
 4-1     property for windstorm and hail insurance from the Association
 4-2     without compliance with the inspection or approval requirements of
 4-3     this Section or the plan of operation if that structure has been
 4-4     previously insured by a licensed insurance company authorized to do
 4-5     business in this State and the risk is in essentially the same
 4-6     condition as when previously insured, except for normal wear and
 4-7     tear, and without any structural change other than a change made
 4-8     according to code.  Evidence of previous insurance includes a copy
 4-9     of a previous policy, copies of canceled [cancelled] checks or
4-10     agent's records that show payments for previous policies, and a
4-11     copy of the title to the structure or mortgage company records that
4-12     show previous policies.  After January 1, 2002, a person must
4-13     submit an application for windstorm inspection to the unit
4-14     responsible for windstorm inspection at the department before
4-15     beginning to construct, alter, remodel, enlarge, or repair a
4-16     structure.  Failure to submit a timely application may result in a
4-17     certificate of compliance not being issued unless plans and
4-18     calculations, testing information, manufacturer's installation
4-19     instructions, or any other documentation required by the
4-20     commissioner is submitted to the unit responsible for windstorm
4-21     inspection at the department as may be requested in order to
4-22     fulfill the requirements of this section.  The Board may appoint or
4-23     employ qualified inspectors as defined in this Section to perform
4-24     any inspections required by this Section.
4-25           (d)  A "qualified inspector" includes:
4-26                 (1)  a person determined by the Board to be qualified
 5-1     to perform building inspections because of training or experience;
 5-2                 (2)  a licensed professional engineer meeting the
 5-3     requirements of the rules adopted by the commissioner for
 5-4     appointment to conduct windstorm inspections; and
 5-5                 (3)  an inspector who is certified by the International
 5-6     Code Council, the Building Officials and Code Administrators
 5-7     International, Inc., the International Conference of Building
 5-8     Officials, or the Southern Building Code Congress International,
 5-9     Inc., who has certifications as a buildings inspector and coastal
5-10     construction inspector, and who also complies with other
5-11     requirements specified by rule by the commissioner.  A qualified
5-12     inspector must be approved and appointed or employed by the Board
5-13     to perform building inspections.  The Board may charge a reasonable
5-14     fee not to exceed $200 for the filing of applications and
5-15     determining the qualifications of persons for appointment as
5-16     qualified inspectors.
5-17           SECTION 3.  (a)  Subchapter G, Chapter 214, Local Government
5-18     Code, as added by this Act, applies only to residential
5-19     construction, remodeling, alteration, or repair that begins under
5-20     an agreement made on or after January 1, 2002, or that begins, in
5-21     the absence of an agreement, on or after that date.  Residential
5-22     construction, remodeling, alteration, or repair that begins under
5-23     an agreement made before January 1, 2002, or that begins, in the
5-24     absence of an agreement, before that date is governed by the law in
5-25     effect when the agreement was made or the activity began, as
5-26     appropriate,  and that law is continued in effect for that purpose.
 6-1           (b)  Municipalities shall, before January 1, 2002, establish
 6-2     rules and take other necessary actions to implement Subchapter G,
 6-3     Chapter 214, Local Government Code, as added by this Act.
 6-4           SECTION 4.  This Act takes effect January 1, 2002, except
 6-5     that Subsection (b), Section 3 of this Act, and this section take
 6-6     effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 365 passed the Senate on
         April 2, 2001, by a viva-voce vote; and that the Senate concurred
         in House amendment on May 2, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 365 passed the House, with
         amendment, on April 24, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor