79R7399 PAM-D

By:  Gallegos                                                     S.B. No. 1423



A BILL TO BE ENTITLED

AN ACT

relating to the adoption of certain residential building codes in 
municipalities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 214.212, Local Government Code, is 
amended to read as follows:
	Sec. 214.212.  MUNICIPAL [INTERNATIONAL] RESIDENTIAL 
BUILDING CODE.  (a)  To protect the public health, safety, and 
welfare, the International Residential Code, as it existed on May 
1, 2001, is adopted as a municipal residential building code in this 
state.
	(b)  A municipality may adopt the 2004 Uniform Plumbing Code 
and the 2004 Uniform Mechanical Code in conjunction with the 
International Residential Code if the uniform codes are published 
in Spanish and English.
	(c)  A code adopted under this section [The International 
Residential Code] applies to all construction, alteration, 
remodeling, enlargement, and repair of residential structures in a 
municipality.
	(d) [(c)]  A municipality may establish procedures:    
		(1)  to adopt local amendments to a code adopted under 
this section [the International Residential Code]; and
		(2)  for the administration and enforcement of a code 
adopted under this section [the International Residential Code].
	(e) [(d)]  A municipality may review and consider amendments 
made by the International Code Council to the International 
Residential Code after May 1, 2001.  A municipality may review and 
consider amendments made by the International Association of 
Plumbing and Mechanical Officials to the 2004 Uniform Plumbing Code 
and the 2004 Uniform Mechanical Code.  Subsection (f) does not apply 
to an amendment adopted by a municipality under this subsection.
	(f)  A local amendment adopted under Subsection (d) may not 
result in less stringent building requirements than the 
requirements prescribed by a code adopted under this section.  
Except as provided by Subsection (g), a local amendment adopted 
before September 1, 2005, that does not comply with this subsection 
is void.
	(g)  This subsection applies to a residential structure for 
which a municipal building permit or other similar municipal 
authorization for the construction, alteration, remodeling, 
enlargement, or repair of the structure was required and approved 
before September 1, 2005.  A local amendment adopted under 
Subsection (d) that does not comply with Subsection (f) continues 
in effect with respect to a residential structure subject to this 
subsection.
	SECTION 2.  Section 214.214, Local Government Code, is 
amended by adding Subsections (c) and (d) to read as follows:
	(c)  A local amendment adopted under Subsection (b) may not 
result in less stringent electrical construction requirements than 
the requirements prescribed by the National Electric Code, as it 
existed on May 1, 2001.  Except as provided by Subsection (d), a 
local amendment adopted before September 1, 2005, that does not 
comply with this subsection is void.
	(d)  This subsection applies to a residential structure for 
which a residential electrical construction application or other 
similar municipal authorization was required and approved before 
September 1, 2005.  A local amendment adopted under Subsection (b) 
that does not comply with Subsection (c) continues in effect with 
respect to a residential structure subject to this subsection.
	SECTION 3.  This Act takes effect September 1, 2005.