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AN ACT
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relating to residential and commercial building requirements of |
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municipalities, counties, and emergency services districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 214.212, Local Government Code, is |
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amended by amending Subsections (a), (c), and (d) and adding |
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Subsection (e) 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, 2012 |
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[2001], is adopted as a municipal residential building code in this |
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state. |
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(c) Subject to Subsection (e), a [A] municipality may |
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establish procedures: |
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(1) to adopt local amendments to the International |
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Residential Code that may add, modify, or remove requirements set |
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by the 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) 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, 2012 [2001]. |
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(e) A municipality may not adopt a local amendment under |
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Subsection (c) unless the municipality: |
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(1) holds a public hearing on the local amendment |
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before adopting the local amendment; and |
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(2) adopts the local amendment by ordinance. |
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SECTION 2. Section 214.216, Local Government Code, is |
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amended to read as follows: |
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Sec. 214.216. INTERNATIONAL BUILDING CODE. (a) To protect |
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the public health, safety, and welfare, the International Building |
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Code, as it existed on May 1, 2012 [2003], is adopted as a municipal |
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commercial building code in this state. |
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(b) The International Building Code applies to all |
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commercial buildings in a municipality [for which construction |
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begins on or after January 1, 2006,] and to any alteration, |
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remodeling, enlargement, or repair of those commercial buildings. |
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(c) Subject to Subsection (f), a [A] municipality may |
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establish procedures: |
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(1) to adopt local amendments to the International |
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Building Code that may add, modify, or remove requirements set by |
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the code; and |
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(2) for the administration and enforcement of the |
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International Building Code. |
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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, 2012 [2003]. |
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(e) A municipality that has adopted a more stringent |
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commercial building code than a commercial building code required |
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by this section [before January 1, 2006,] is not required to repeal |
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that code and may adopt future editions of that code. |
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(f) A municipality may not adopt a local amendment under |
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Subsection (c) unless the municipality: |
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(1) holds a public hearing on the local amendment |
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before adopting the local amendment; and |
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(2) adopts the local amendment by ordinance. |
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SECTION 3. Section 214.217(e), Local Government Code, is |
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amended to read as follows: |
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(e) On the written request from five or more persons or if |
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required by Section 214.212(e) or 214.216(f), the governing body of |
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the municipality shall hold a public hearing open to public comment |
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on the proposed adoption of or amendment to a national model code |
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under this section. The hearing must be held on or before the 14th |
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day before the date the governing body adopts the ordinance that |
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adopts or amends a national model code under this section. |
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SECTION 4. Chapter 250, Local Government Code, is amended |
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by adding Section 250.011 to read as follows: |
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Sec. 250.011. RESIDENTIAL FIRE PROTECTION SPRINKLER |
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SYSTEMS. (a) Notwithstanding any other law and except as provided |
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by Subsection (c), a municipality, county, or emergency services |
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district may not enact an ordinance, bylaw, order, building code, |
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or rule requiring the installation of a multipurpose residential |
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fire protection sprinkler system or any other fire protection |
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sprinkler system in a new or existing one- or two-family dwelling. |
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(b) A municipality, county, or emergency services district |
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may adopt an ordinance, bylaw, order, building code, or rule |
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allowing a multipurpose residential fire protection sprinkler |
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system specialist or other contractor to offer, for a fee, the |
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installation of a fire protection sprinkler system in a new one- or |
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two-family dwelling. |
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(c) Subsection (a) does not apply to: |
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(1) a municipality that has enacted an ordinance, |
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bylaw, order, building code, or rule requiring the installation of |
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a multipurpose residential fire protection sprinkler system or any |
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other fire protection sprinkler system in a new or existing one- or |
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two-family dwelling on or before January 1, 2009; or |
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(2) an emergency services district: |
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(A) that before February 1, 2013, has adopted a |
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fire code, fire code amendments, or other requirements in conflict |
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with Subsection (a); and |
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(B) whose territory is located: |
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(i) in or adjacent to a general law |
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municipality with a population of less than 4,000 that is served by |
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a water control and improvement district governed by Chapter 51, |
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Water Code; and |
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(ii) in a county that has a population of |
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more than one million and is adjacent to a county with a population |
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of more than 420,000. |
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SECTION 5. (a) Sections 214.212 and 214.216, Local |
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Government Code, as amended by this Act, apply only to residential |
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or commercial construction, remodeling, alteration, enlargement, |
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or repair that begins under an agreement made on or after January 1, |
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2022, or that begins, in the absence of an agreement, on or after |
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that date. Residential or commercial construction, remodeling, |
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alteration, enlargement, or repair that begins under an agreement |
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made before January 1, 2022, or that begins, in the absence of an |
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agreement, before that date is governed by the law in effect when |
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the agreement was made or the activity began, as appropriate, and |
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that law is continued in effect for that purpose. |
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(b) Municipalities shall, before January 1, 2022, establish |
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rules and take other necessary actions to implement Sections |
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214.212 and 214.216, Local Government Code, as amended by this Act. |
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SECTION 6. This Act takes effect January 1, 2022, except |
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that Section 5(b) of this Act and this section take effect September |
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1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 738 was passed by the House on April |
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8, 2021, by the following vote: Yeas 143, Nays 5, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 738 on May 23, 2021, by the following vote: Yeas 134, Nays 10, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 738 was passed by the Senate, with |
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amendments, on May 19, 2021, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |