This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                

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.