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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption and amendment of model building codes by |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 214, Local Government |
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Code, is amended by adding Sections 214.217 and 214.218 to read as |
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follows: |
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Sec. 214.217. MODEL CODES ADVISORY BOARD. (a) In this |
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section: |
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(1) "Advisory board" means the Model Codes Advisory |
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Board. |
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(2) "National model codes" means publications that |
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are: |
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(A) developed, promulgated, and periodically |
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updated at a national level by organizations consisting of industry |
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and government fire and building safety officials through a |
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legislative or consensus process; and |
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(B) intended for consideration by units of |
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government as local law. |
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(b) The governing body of a municipality may establish a |
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Model Codes Advisory Board to review and recommend the adoption of |
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and amendment and addition to national model codes to govern the |
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construction, renovation, use, or maintenance of buildings and |
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building systems in the municipality. |
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(c) The advisory board consists of the following members |
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appointed by the governing body of the municipality: |
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(1) a builder who holds a certificate of registration |
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under Chapter 416, Property Code; |
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(2) an architect licensed by this state or a building |
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designer who operates in this state; |
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(3) a commercial building contractor who operates in |
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this state; |
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(4) a building facilities manager who manages a |
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facility in this state; |
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(5) an owner or management company representative of |
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multifamily housing in this state; |
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(6) an owner or manager of an industrial, |
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manufacturing, or warehouse facility in this state; |
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(7) an engineer licensed by this state; |
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(8) an engineer licensed by this state who routinely |
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provides mechanical, electrical, and plumbing services; |
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(9) a heating, ventilation, and air conditioning |
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contractor who operates in this state; |
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(10) a master electrician licensed by this state; |
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(11) a master plumber licensed by this state; and |
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(12) a developer active in property development in |
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this state. |
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(d) The advisory board shall review the technical |
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provisions of a national model code proposed for adoption or |
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proposed amendments or additions to a national model code proposed |
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for adoption by the municipality and make recommendations to the |
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governing body of the municipality. |
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(e) If the governing body of a municipality does not |
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establish an advisory board under this section or has not |
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established a substantially similar advisory body for the purpose |
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described by Subsection (b) before the effective date of the |
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legislation enacting this section, a person may register with the |
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city secretary to receive written notice from the municipality when |
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the municipality considers the adoption of or amendment or addition |
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to an ordinance or a national model code that is intended to govern |
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the construction, renovation, use, or maintenance of buildings and |
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building systems in the municipality. |
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(f) Except as provided by Subsection (g), the municipality |
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shall provide notice to each person who registers under Subsection |
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(e) at least 30 days before the date the governing body takes action |
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to consider the adoption of or amendment or addition to an ordinance |
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or code provision described by this section. |
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(g) If a delay in the adoption of or amendment or addition to |
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an ordinance or code provision would cause imminent harm to the |
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health or safety of the public, the municipality may provide |
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alternative reasonable notice to each person who registers under |
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Subsection (e). |
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Sec. 214.218. IMMEDIATE EFFECT OF CERTAIN CODES OR |
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PROVISIONS DELAYED. (a) In this section, "national model code" has |
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the meaning assigned by Section 214.217. |
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(b) Except as provided by Subsection (c), the governing body |
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of a municipality that adopts an ordinance or national model code |
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provision that is intended to govern the construction, renovation, |
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use, or maintenance of buildings and building systems in the |
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municipality shall delay implementing and enforcing the ordinance |
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or code provision for at least 30 days after final adoption to |
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permit persons affected to comply with the ordinance or code |
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provision. |
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(c) If a delay in implementing or enforcing the ordinance or |
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code provision would cause imminent harm to the health or safety of |
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the public, the municipality may enforce the ordinance or code |
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provision immediately on the effective date of the ordinance or |
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code provision. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |