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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of uniform residential building codes by |
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political subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 214.212(a) and (d), Local Government |
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Code, are amended to read as follows: |
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(a) To protect the public health, safety, and welfare, the |
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International Residential Code, as it existed on May 1, 2008 |
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[2001], is adopted as a municipal residential building code in this |
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state. |
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(d) A municipality may review and consider amendments made |
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by the International Code Council to the International Residential |
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Code after May 1, 2008 [2001]. |
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SECTION 2. Section 214.214(a), Local Government Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (c), the National |
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Electrical Code, as it existed on May 1, 2008 [2001], is adopted as |
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the municipal electrical construction code in this state and |
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applies to all residential and commercial electrical construction |
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applications. |
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SECTION 3. Sections 214.216(a) and (d), Local Government |
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Code, are amended to read as follows: |
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(a) To protect the public health, safety, and welfare, the |
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International Building Code, as it existed on May 1, 2008 [2003], is |
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adopted as a municipal commercial building code in this state. |
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(d) A municipality may review and consider amendments made |
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by the International Code Council to the International Building |
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Code after May 1, 2008 [2003]. |
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SECTION 4. Subchapter G, Chapter 214, Local Government |
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Code, is amended by adding Section 214.217 to read as follows: |
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Sec. 214.217. CONFLICTS WITH OTHER BUILDING CODES. A |
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building-related code adopted by state statute, including the |
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energy code adopted by Chapter 388, Health and Safety Code, |
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prevails to the extent of any conflict with an ordinance, including |
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a local amendment to a code, adopted under this subchapter. |
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SECTION 5. Chapter 233, Local Government Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. BUILDING CODES IN CERTAIN COUNTIES |
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Sec. 233.151. APPLICABILITY. This subchapter applies only |
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to a county with a population of 25,000 or more any part of which is |
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located within 100 miles of the Gulf of Mexico. |
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Sec. 233.152. DEFINITIONS. In this subchapter: |
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(1) "International Residential Code" means the |
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International Residential Code for One- and Two-Family Dwellings |
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promulgated by the International Code Council. |
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(2) "National Electrical Code" means the electrical |
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code published by the National Fire Protection Association. |
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(3) "Residential" means having the character of a |
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detached one-family or two-family dwelling or a multiple |
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single-family dwelling that is not more than three stories high |
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with separate means of egress, including the accessory structures |
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of the dwelling, and that does not have the character of a facility |
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used for the accommodation of transient guests or a structure in |
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which medical, rehabilitative, or assisted living services are |
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provided in connection with the occupancy of the structure. |
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Sec. 233.153. INTERNATIONAL RESIDENTIAL CODE. (a) To |
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protect the public health, safety, and welfare, each county subject |
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to this subchapter by order shall adopt the International |
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Residential Code, as it existed on May 1, 2008, as a residential |
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building code in the unincorporated area of the county. |
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(b) The International Residential Code applies to all |
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construction, alteration, remodeling, enlargement, and repair of |
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residential structures in the unincorporated area of the county. |
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(c) The county may establish procedures: |
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(1) to adopt local amendments to the International |
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Residential Code; and |
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(2) for the administration and enforcement of the |
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International Residential Code. |
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(d) The county may review and consider amendments made by |
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the International Code Council to the International Residential |
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Code after May 1, 2008. |
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Sec. 233.154. EXCEPTIONS. (a) The International |
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Residential Code does not apply to the installation and maintenance |
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of electrical wiring and related components. |
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(b) A county subject to this subchapter is not required to |
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review and consider adoption of amendments to the International |
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Residential Code regarding electrical provisions. |
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Sec. 233.155. NATIONAL ELECTRICAL CODE. (a) Each county |
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subject to this subchapter by order shall adopt the National |
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Electrical Code, as it existed on May 1, 2008, as the county |
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electrical construction code for residential structures. |
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(b) The National Electrical Code applies to all residential |
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construction applications under this subchapter. |
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(c) The county may establish procedures: |
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(1) to adopt local amendments to the National |
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Electrical Code; and |
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(2) for the administration and enforcement of the |
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National Electrical Code. |
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Sec. 233.156. CONFLICTS WITH OTHER BUILDING CODES. To the |
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extent of any conflict with an order adopted under this subchapter: |
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(1) a municipal ordinance prevails within the |
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municipality's jurisdiction; and |
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(2) a building-related code adopted by state statute, |
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including the energy code adopted by Chapter 388, Health and Safety |
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Code, prevails. |
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Sec. 233.157. EXISTING COUNTY AUTHORITY UNAFFECTED. The |
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authority granted by this subchapter does not affect the authority |
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of the commissioners court of a county to adopt an order or |
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ordinance under other law. |
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SECTION 6. Before January 1, 2010, each county subject to |
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Subchapter E, Chapter 233, Local Government Code, as added by this |
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Act, shall take the actions necessary to implement that subchapter. |
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SECTION 7. This Act takes effect September 1, 2009. |