By: Turner of Harris H.B. No. 3726
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain testing of residential structures.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 388.002, Health and Safety Code, is
  amended to read as follows:
         Sec. 388.002.  DEFINITIONS. In this chapter:
               (1)  "Affected county" has the meaning assigned by
  Section 386.001.
               (2)  "Approved certifications" means Texas Home Energy
  Rating Organization Performance Verification Technician,
  Residential Energy Services Network Home Energy Rating System
  Rater, and Residential Energy Services Network Rating Field
  Inspector.
               (3)  "Building" has the meaning assigned by the
  International Building Code.
               (4)  (3)  "Code official" means an individual employed
  by a local jurisdiction to review construction plans and other
  documents, inspect construction, or administer and enforce
  building standards under this chapter.
               (5)  (4)  "Code-certified inspector" means an
  inspector who is certified by the International Code Council, the
  Building Officials and Code Administrators International, Inc.,
  the International Conference of Building Officials, or the Southern
  Building Code Congress International to have met minimum standards
  for interpretation and enforcement of requirements of the
  International Energy Conservation Code and the energy efficiency
  chapter of the International Residential Code.
               (6) (5)  "Commission" means the Texas Natural Resource
  Conservation Commission.
               (7) (6)  "International Residential Code" means the
  International Residential Code for One- and Two-Family Dwellings as
  adopted by the International Code Council.
               (8) (7)  "International Energy Conservation Code"
  means the International Energy Conservation Code as adopted by the
  International Code Council.
               (9) (8)  "Laboratory" means the Energy Systems
  Laboratory at the Texas Engineering Experiment Station of The Texas
  A&M University System.
               (10) (9)  "Local jurisdiction" means the authority
  responsible for implementation and enforcement of local building
  codes.
               (11) (10)  "Municipality" has the meaning assigned by
  Section 1.005, Local Government Code.
               (12) (11)  "Nonattainment area" has the meaning
  assigned by Section 386.001.
               (13) (12)  "Single-family residential" means having
  the character of a detached one- or two-family dwelling or a
  multiple single-family dwelling not more than three stories high
  with separate means of egress, including the accessory structures
  of the dwelling.
         SECTION 2.  Chapter 388, Health and Safety Code, is amended
  by adding Section 388.009 to read as follows:
         Sec. 388.009.  RESIDENTIAL AIR LEAKAGE AND DUCT TIGHTNESS
  TESTING. (a) A person with an approved certification is considered
  an approved party for purposes of performing air leakage and duct
  tightness testing to ensure compliance with the International
  Residential Code or the International Energy Conservation Code.
         (b)  A person performing air leakage and duct tightness
  testing must be independent from the installer of the product being
  testing.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect on September 1, 2013.