By:  Wentworth                                                    S.B. No. 1458
	(In the Senate - Filed March 10, 2005; March 21, 2005, read 
first time and referred to Committee on Intergovernmental 
Relations; May 2, 2005, reported favorably by the following vote:  
Yeas 4, Nays 0; May 2, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the adoption of a uniform commercial building code for 
use in the state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 214.211, Local Government Code, is 
amended by adding Subdivisions (4) and (5) to read as follows:
		(4)  "International Building Code" means the 
International Building Code promulgated by the International Code 
Council.
		(5)  "Commercial" means a building for the use or 
occupation of people for:
			(A)  a public purpose or economic gain; or                            
			(B)  a residence if the building is a multifamily 
residence that is not defined as residential by this section.
	SECTION 2.  Subchapter G, Chapter 214, Local Government 
Code, is amended by adding Section 214.216 to read as follows:
	Sec. 214.216.  INTERNATIONAL BUILDING CODE.  (a)  To protect 
the public health, safety, and welfare, the International Building 
Code, as it existed on May 1, 2003, is adopted as a municipal 
commercial building code in this state.
	(b)  The International Building Code applies to all 
commercial buildings in a municipality for which construction 
begins on or after January 1, 2006, and to any alteration, 
remodeling, enlargement, or repair of those commercial buildings.
	(c)  A municipality may establish procedures:                           
		(1)  to adopt local amendments to the International 
Building Code; and
		(2)  for the administration and enforcement of the 
International Building Code.
	(d)  A local amendment adopted under Subsection (c) may not 
result in less stringent building requirements than the 
requirements prescribed by the International Building Code, as it 
existed on May 1, 2003.
	(e)  A municipality may review and consider amendments made 
by the International Code Council to the International Building 
Code after May 1, 2003.  Subsection (d) does not apply to an 
amendment adopted by a municipality under this subsection.
	SECTION 3.  Chapter 233, Local Government Code, is amended 
by adding Subchapter E to read as follows:

SUBCHAPTER E.  COMMERCIAL BUILDING CODE
	Sec. 233.121.  DEFINITIONS.  In this subchapter:                        
		(1)  "Commercial" means a building for the use or 
occupation of people for:
			(A)  a public purpose or economic gain; or                            
			(B)  a residence if the building is a multifamily 
residence that is not defined as residential by this section.
		(2)  "International Building Code" means the 
International Building Code promulgated by the International Code 
Council.
		(3)  "Residential" means having the character of a 
detached one-family or two-family dwelling or a multiple 
single-family dwelling that is not more than three stories high 
with separate means of egress, including the accessory structures 
of the dwelling, and that does not have the character of a facility 
used for the accommodation of transient guests or a structure in 
which medical, rehabilitative, or assisted living services are 
provided in connection with the occupancy of the structure.
	Sec. 233.122.  INTERNATIONAL BUILDING CODE.  (a)  To protect 
the public health, safety, and welfare, the International Building 
Code, as it existed on May 1, 2003, is adopted as a commercial 
building code in the unincorporated area of counties in this state.
	(b)  The International Building Code applies to all 
commercial buildings in the unincorporated area of a county for 
which construction begins on or after January 1, 2006, and to any 
alteration, remodeling, enlargement, or repair of those commercial 
buildings.
	(c)  The commissioners court of a county may establish 
procedures:    
		(1)  to adopt local amendments to the International 
Building Code; and
		(2)  for the administration and enforcement of the 
International Building Code.
	(d)  A local amendment adopted under Subsection (c) may not 
result in less stringent building requirements than the 
requirements prescribed by the International Building Code, as it 
existed on May 1, 2003.
	(e)  The commissioners court may review and consider 
amendments made by the International Code Council to the 
International Building Code after May 1, 2003.  Subsection (d) does 
not apply to an amendment adopted by a county under this subsection.
	SECTION 4.  Before January 1, 2006, rules shall be 
established and other actions taken as necessary:
		(1)  by municipalities to implement Section 214.216, 
Local Government Code, as added by this Act; and
		(2)  by counties to implement Subchapter E, Chapter 
233, Local Government Code, as added by this Act.
	SECTION 5.  (a)  Except as provided by Subsection (b) of 
this section, this Act takes effect January 1, 2006.
	(b)  This section and Section 4 of this Act take effect 
September 1, 2005.   



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