By Armbrister                                          S.B. No. 365
         77R3384 JMG-F                           
                                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     residential building code adopted by the International Code
1-11     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, and repair of residential
1-22     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           (e)  An inspection of a residential structure in a
 2-8     municipality must be conducted by a person who is an International
 2-9     Code Council certified inspector or a licensed professional
2-10     engineer and who has any other qualifications established by the
2-11     municipality.  A municipality may employ or contract for the
2-12     services of an inspector.
2-13           SECTION 2. Sections 6A(a) and (d), Article 21.49, Insurance
2-14     Code, are amended to read as follows:
2-15           (a)  Except as otherwise provided by this Subsection, all
2-16     structures that are constructed or repaired or to which additions
2-17     are made on or after January 1, 2002 [1988], to be considered
2-18     insurable property for windstorm and hail insurance from the
2-19     Association, must be inspected or approved by the Board for
2-20     compliance with the building specifications in the plan of
2-21     operation or the structural provisions of the International
2-22     Residential Code as that code existed on May 1, 2001, and any
2-23     amendments to that code adopted by the International Code Council
2-24     and approved by the Board. Roofing materials satisfy the building
2-25     specifications in the plan of operation if those materials pass the
2-26     UL Standard 997 or a comparable test certified by the Board and are
2-27     installed as required by the Board to promote the wind resistance
 3-1     of the materials.  All structures that are constructed or repaired
 3-2     or to which additions are made on or after January 1, 1988, and
 3-3     before January 1, 2002, to be considered insurable property for
 3-4     windstorm and hail insurance from the Association, must be
 3-5     inspected or approved by the Board for compliance with the building
 3-6     specifications in the plan of operation. Roofing materials satisfy
 3-7     the building specifications in the plan of operation if those
 3-8     materials pass the UL Standard 997 or a comparable test certified
 3-9     by the Board and are installed as required by the Board to promote
3-10     the wind resistance of the materials.  A structure constructed,
3-11     repaired, or to which additions were made before January 1, 1988,
3-12     that is located in an area covered at the time by a building code
3-13     recognized by the Association shall be considered an insurable
3-14     property for windstorm and hail insurance from the Association
3-15     without compliance with the inspection or approval requirements of
3-16     this Section or the plan of operation.  A structure constructed,
3-17     repaired, or to which additions were made before January 1, 1988,
3-18     that is located in an area not covered by a building code
3-19     recognized by the Association shall be considered an insurable
3-20     property for windstorm and hail insurance from the Association
3-21     without compliance with the inspection or approval requirements of
3-22     this Section or the plan of operation if that structure has been
3-23     previously insured by a licensed insurance company authorized to do
3-24     business in this State and the risk is in essentially the same
3-25     condition as when previously insured, except for normal wear and
3-26     tear, and without any structural change other than a change made
3-27     according to code.  Evidence of previous insurance includes a copy
 4-1     of a previous policy, copies of canceled [cancelled] checks or
 4-2     agent's records that show payments for previous policies, and a
 4-3     copy of the title to the structure or mortgage company records that
 4-4     show previous policies.  The Board may appoint or employ qualified
 4-5     inspectors as defined in this Section to perform any inspections
 4-6     required by this Section.
 4-7           (d)  A "qualified inspector" includes a person determined by
 4-8     the Board to be qualified to perform building inspections because
 4-9     of training or experience, including an International Code Council
4-10     certified inspector.  A qualified inspector must be approved and
4-11     appointed or employed by the Board to perform building inspections.
4-12     The Board may charge a reasonable fee not to exceed $200 for the
4-13     filing of applications and determining the qualifications of
4-14     persons for appointment as qualified inspectors.
4-15           SECTION 3. (a)  Subchapter G, Chapter 214, Local Government
4-16     Code, as added by this Act, applies only to residential
4-17     construction, remodeling, alteration, or repair that begins under
4-18     an agreement made on or after January 1, 2002, or that begins, in
4-19     the absence of an agreement, on or after that date.  Residential
4-20     construction, remodeling, alteration, or repair that begins under
4-21     an agreement made before January 1, 2002, or that begins, in the
4-22     absence of an agreement, before that date is governed by the law in
4-23     effect when the agreement was made or the activity began, as
4-24     appropriate,  and that law is continued in effect for that purpose.
4-25           (b)  Municipalities shall, before January 1, 2002, establish
4-26     rules and take other necessary actions to implement Subchapter G,
4-27     Chapter 214, Local Government Code, as added by this Act.
 5-1           SECTION 4. This Act takes effect January 1, 2002, except that
 5-2     Section 3(b) and this section take effect September 1, 2001.