81R11607 JAM-F
 
  By: Eltife S.B. No. 1606
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of industrialized housing and buildings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1202.002(c), Occupations Code, is
  amended to read as follows:
         (c)  Industrialized housing does not include:
               (1)  a residential structure that exceeds three stories
  or 49 feet in height [as measured from the finished grade elevation
  at the building entrance to the peak of the roof];
               (2)  housing constructed of a sectional or panelized
  system that does not use a modular component; or
               (3)  a ready-built home constructed in a manner in
  which the entire living area is contained in a single unit or
  section at a temporary location for the purpose of selling and
  moving the home to another location.
         SECTION 2.  Section 1202.003(d), Occupations Code, is
  amended to read as follows:
         (d)  An industrialized building includes a permanent
  commercial structure and a commercial structure designed to be
  transported from one commercial site to another commercial site but
  does not include:
               (1)  a commercial structure that exceeds three stories
  or 49 feet in height [as measured from the finished grade elevation
  at the building entrance to the peak of the roof]; or
               (2)  a commercial building or structure that is:
                     (A)  installed in a manner other than on a
  permanent foundation; and
                     (B)  either:
                           (i)  not open to the public; or
                           (ii)  less than 1,500 square feet in total
  area and used other than as a school or a place of religious
  worship.
         SECTION 3.  Subchapter A, Chapter 1202, Occupations Code, is
  amended by adding Section 1202.004 to read as follows:
         Sec. 1202.004.  RELOCATABLE EDUCATIONAL FACILITIES. (a) In
  this section, "relocatable educational facility" means a portable,
  modular building capable of being relocated, regardless of whether
  the facility is built at the installation site, that is used
  primarily as an educational facility for teaching the curriculum
  required under Section 28.002, Education Code.
         (b)  A relocatable educational facility that is purchased or
  leased on or after January 1, 2010, must comply with all provisions
  applicable to industrialized buildings under this chapter.
         SECTION 4.  Section 1202.1535(b), Occupations Code, is
  amended to read as follows:
         (b)  The owner of an industrialized building designed to be
  transported from one commercial site to another that bears an
  approved decal or insignia indicating the building complies with
  the mandatory building codes and that is modified or altered after
  the date the council adopts a new mandatory building code or the
  council approves a building code amendment must ensure that the
  modified or altered building complies with the requirements and
  standards of the new building code or amendment to the extent
  required by the most recent edition of the International Existing
  Building Code adopted by the council [:
               [(1)     the entire building complies with the mandatory
  building code or building code amendment if the cost of the
  modification or alteration to the building is at least 50 percent of
  the value of the modules or modular components used in the
  construction of the building; or
               [(2)     the modified or altered portion of the building
  complies with the mandatory building code or building code
  amendment if the cost of the modification or alteration is less than
  50 percent of the value of the modules or modular components].
         SECTION 5.  Section 46.008(b), Education Code, is repealed.
         SECTION 6.  This Act takes effect September 1, 2009.