78R2188 ATP-D
By: Villarreal H.B. No. 334
A BILL TO BE ENTITLED
AN ACT
relating to the adoption and enforcement of a rehabilitation code
and a building code by municipalities and counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter G, Chapter 214, Local
Government Code, is amended to read as follows:
SUBCHAPTER G. BUILDING AND REHABILITATION CODES
SECTION 2. Subchapter G, Chapter 214, Local Government
Code, is amended by adding Section 214.215 to read as follows:
Sec. 214.215. ADOPTION OF REHABILITATION AND BUILDING
CODES. (a) A municipality shall adopt and enforce a rehabilitation
code, to apply to the alteration, remodeling, enlargement, or
repair of an existing structure to which the International
Residential Code does not apply. The rehabilitation code does not
apply to the construction of a new structure. The rehabilitation
code must be a code, as it existed on May 1, 2003, adopted by a
developer of a national model code or by the American National
Standards Institute.
(b) A municipality shall adopt and enforce a building code
to apply to the construction of a new structure to which the
International Residential Code does not apply. The building code
does not apply to the alteration, remodeling, enlargement, or
repair of an existing structure. The building code must:
(1) be a code, as it existed on May 1, 2003, adopted by
a developer of a national model code or by the American National
Standards Institute; and
(2) be consistent with the rehabilitation code.
(c) A municipality may:
(1) amend the rehabilitation code or building code to
impose a requirement more stringent than a requirement otherwise
imposed by that code; or
(2) review an amendment made to the rehabilitation
code or building code by the body that developed the code, and adopt
that amendment as part of the municipality's rehabilitation or
building code.
(d) A municipality shall enforce the building code in a
manner consistent with the enforcement of the rehabilitation code.
SECTION 3. Chapter 233, Local Government Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. BUILDING AND REHABILITATION CODES
Sec. 233.121. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a county in which any part of a municipality with a
population of 250,000 or more is located.
Sec. 233.122. ADOPTION OF REHABILITATION AND BUILDING
CODES. (a) A rehabilitation or building code adopted under this
section applies only to a structure that is:
(1) located in the unincorporated area of a county;
and
(2) not residential, as defined by Section 214.211.
(b) A county shall adopt and enforce a rehabilitation code,
to apply to the alteration, remodeling, enlargement, or repair of
an existing structure. The rehabilitation code does not apply to
the construction of a new structure. The rehabilitation code must
be a code, as it existed on May 1, 2003, adopted by a developer of a
national model code or by the American National Standards
Institute.
(c) A county shall adopt and enforce a building code to
apply to the construction of a new structure. The building code
does not apply to the alteration, remodeling, enlargement, or
repair of an existing structure. The building code must:
(1) be a code, as it existed on May 1, 2003, adopted by
a developer of a national model code, or by the American National
Standards Institute; and
(2) be consistent with the rehabilitation code.
Sec. 233.123. AMENDMENT OF REHABILITATION OR BUILDING CODE.
A county may:
(1) amend the rehabilitation code or building code to
impose a requirement more stringent than a requirement otherwise
imposed by that code; or
(2) review an amendment made to the rehabilitation
code or building code by the body that developed the code, and adopt
that amendment as part of the county's rehabilitation or building
code.
Sec. 233.124. ENFORCEMENT OF BUILDING CODE CONSISTENT WITH
REHABILITATION CODE. A county shall enforce the building code in a
manner consistent with the enforcement of the rehabilitation code.
SECTION 4. A municipality shall adopt a rehabilitation code
and a building code, as required by Section 214.215, Local
Government Code, as added by this Act, and a county shall adopt a
rehabilitation code and a building code, as required by Section
233.122, Local Government Code, as added by this Act, on or before
January 1, 2004.
SECTION 5. This Act takes effect September 1, 2003.