C.S.H.B. 334 78(R)    BILL ANALYSIS


C.S.H.B. 334
By: Villarreal
Land & Resource Management
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The current system for determining the safety of structures is a
subjective process with the burden of interpretation being placed upon
building officials. 

C.S.H.B. 334 directs municipalities that have adopted building codes to
also adopt a corresponding rehabilitation code or provision. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.Amends the heading to Subchapter G, Chapter 214, Local
Government Code, as follows: 

   SUBCHAPTER G. BUILDING AND REHABILITATION CODES

SECTION 2.Amends Subchapter G, Section 214, Local Government Code, by
adding Section 214.215 as follows: 

Requires that a municipality that has adopted a building code shall adopt
either a building code with prescriptive provisions for rehabilitation or
a rehabilitation code that accompanies the municipality's code to apply to
the alteration, remodeling, enlargement or repair of an existing structure
to which the International Residential Code does not apply. 

Mandates that the rehabilitation code or prescriptive provisions do not
apply to the construction of a new structure. The rehabilitation code or
prescriptive provisions must have existed on May 1, 2003, published by a
developer of a notional code or a code accredited by the American National
Standards Institute. 

Authorizes a municipality to amend the rehabilitation code with
prescriptive provisions for rehabilitation or review an amendment made to
the rehabilitation or building code with prescriptive provisions by the
body that developed the code and adopt that amendment as part of the
municipality's rehabilitation code.   

Requires that a municipality enforce a building code with prescriptive
provisions for rehabilitation or the rehabilitation code that accompanies
the municipality's current building code 

SECTION 3.Requires a municipality to adopt prescriptive provisions for
rehabilitation, a building code with prescriptive provisions for
rehabilitation, or a rehabilitation code before January 1, 2004.  

 SECTION 4. Effective date.

EFFECTIVE DATE

September 1, 2003

COMPARISON OF ORIGINAL TO SUBSTITUTE

H.B. 334 requires both counties and municipalities to adopt building
codes. C.S.H.B. 334 has no such provision. 

H.B. 334 requires both counties and municipalities to adopt rehabilitation
codes. C.S.H.B. 334 requires only that municipalities that have building
codes must adopt rehabilitation codes, or prescriptive provisions for
rehabilitation as part of the building code.