BILL ANALYSIS

S.B. 820

By: Duncan

Urban Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, the processes that Texas municipal authorities and citizens rely on for adopting new or modifying existing model codes lack sufficient transparency to minimize costs and ensure compliance by affected parties.

S.B. 820 requires the governing body of a municipality with a population of more than 100,000 to publish notice of a proposed action to review and recommend the adoption of or amendment to a national model building code and to encourage public comment from affected persons. The bill requires a municipality that adopts an ordinance or national model code provision to delay implementing and enforcing the ordinance or code to allow sufficient time for compliance by the affected parties unless the delay would cause imminent harm to the public's health or safety.

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

S.B. 820 amends the Local Government Code to require the governing body of a municipality with a population of more than 100,000 to publish notice of a proposed action on or before the 21st day before the date the governing body takes action to consider, review, and recommend the adoption of or amendment to a national model code governing the construction, renovation, use, or maintenance of buildings and building systems in the municipality. The bill requires the notice of the proposed action to be published conspicuously on the municipality's Internet website. The bill defines "national model code."

S.B. 820 requires the governing body of the municipality to make a reasonable effort to encourage public comment from persons affected by the proposed adoption of or amendment to a national model code. The bill requires the governing body, on the written request from five or more persons, to hold a public hearing open to public comment on the proposed adoption of or amendment to a national model code.  The bill requires the hearing to be held on or before the 14th day before the date the governing body adopts the ordinance that adopts or amends a national model code. The bill provides that these provisions do not apply if the governing body has established an advisory board or a substantially similar entity for the purpose of obtaining public comment on the proposed adoption of or amendment to a national model code.

S.B. 820 requires the governing board of a municipality with a population of more than 100,000 that adopts an ordinance or national model code provision that is intended to govern the construction, renovation, use, or maintenance of buildings and building systems in the municipality to delay implementing and enforcing the ordinance or code provision for at least 30 days after final adoption to permit persons affected to comply with the ordinance or code provision. The bill authorizes the municipality to enforce such an ordinance or code provision immediately on the effective date of the ordinance or code provision if a delay in implementing or enforcing the ordinance or code provision would cause imminent harm to the health or safety of the public.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.