87R11692 MP-D
 
  By: Paul H.B. No. 738
 
  Substitute the following for H.B. No. 738:
 
  By:  Deshotel C.S.H.B. No. 738
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the residential and commercial building codes of
  municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 214.212, Local Government Code, is
  amended by amending Subsections (a), (c), and (d) and adding
  Subsections (e) and (f) to read as follows:
         (a)  To protect the public health, safety, and welfare, the
  International Residential Code, as it existed on May 1, 2012
  [2001], is adopted as a municipal residential building code in this
  state.
         (c)  Subject to Subsection (e), a [A] municipality may
  establish procedures:
               (1)  to adopt local amendments to the International
  Residential Code that may add, modify, or remove requirements set
  by the code; and
               (2)  for the administration and enforcement of the
  International Residential Code.
         (d)  A municipality may review and consider amendments made
  by the International Code Council to the International Residential
  Code after May 1, 2012 [2001].
         (e)  A municipality may not adopt a local amendment under
  Subsection (c) unless the municipality:
               (1)  holds a public hearing on the local amendment
  before adopting the local amendment; and
               (2)  adopts the local amendment by ordinance.
         (f)  This section does not affect provisions regarding the
  installation of a fire sprinkler protection system under Section
  1301.551(i), Occupations Code, or Section 775.045(a)(1), Health
  and Safety Code.
         SECTION 2.  Section 214.216, Local Government Code, is
  amended to read as follows:
         Sec. 214.216.  INTERNATIONAL BUILDING CODE.  (a)  To protect
  the public health, safety, and welfare, the International Building
  Code, as it existed on May 1, 2012 [2003], is adopted as a municipal
  commercial building code in this state.
         (b)  The International Building Code applies to all
  commercial buildings in a municipality [for which construction
  begins on or after January 1, 2006,] and to any alteration,
  remodeling, enlargement, or repair of those commercial buildings.
         (c)  Subject to Subsection (f), a [A] municipality may
  establish procedures:
               (1)  to adopt local amendments to the International
  Building Code that may add, modify, or remove requirements set by
  the code; and
               (2)  for the administration and enforcement of the
  International Building Code.
         (d)  A municipality may review and consider amendments made
  by the International Code Council to the International Building
  Code after May 1, 2012 [2003].
         (e)  A municipality that has adopted a more stringent
  commercial building code than a commercial building code required
  by this section [before January 1, 2006,] is not required to repeal
  that code and may adopt future editions of that code.
         (f)  A municipality may not adopt a local amendment under
  Subsection (c) unless the municipality:
               (1)  holds a public hearing on the local amendment
  before adopting the local amendment; and
               (2)  adopts the local amendment by ordinance.
         SECTION 3.  Section 214.217(e), Local Government Code, is
  amended to read as follows:
         (e)  On the written request from five or more persons or if
  required by Section 214.212(e) or 214.216(f), the governing body of
  the municipality shall hold a public hearing open to public comment
  on the proposed adoption of or amendment to a national model code
  under this section. The hearing must be held on or before the 14th
  day before the date the governing body adopts the ordinance that
  adopts or amends a national model code under this section.
         SECTION 4.  (a)  Sections 214.212 and 214.216, Local
  Government Code, as amended by this Act, apply only to residential
  or commercial construction, remodeling, alteration, enlargement,
  or repair that begins under an agreement made on or after January 1,
  2022, or that begins, in the absence of an agreement, on or after
  that date. Residential or commercial construction, remodeling,
  alteration, enlargement, or repair that begins under an agreement
  made before January 1, 2022, or that begins, in the absence of an
  agreement, before that date is governed by the law in effect when
  the agreement was made or the activity began, as appropriate, and
  that law is continued in effect for that purpose.
         (b)  Municipalities shall, before January 1, 2022, establish
  rules and take other necessary actions to implement Sections
  214.212 and 214.216, Local Government Code, as amended by this Act.
         SECTION 5.  This Act takes effect January 1, 2022, except
  that Section 4(b) of this Act and this section take effect September
  1, 2021.