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A BILL TO BE ENTITLED
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AN ACT
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relating to the residential building codes of municipalities. |
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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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Subsections (e) and (f) 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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(f) This section does not affect provisions regarding the |
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installation of a fire sprinkler protection system under Section |
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1301.551(i), Occupations Code, or Section 775.045(a)(1), Health |
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and Safety Code. |
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SECTION 2. 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), the governing body of the |
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municipality shall hold a public hearing open to public comment on |
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the proposed adoption of or amendment to a national model code under |
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this section. The hearing must be held on or before the 14th day |
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before the date the governing body adopts the ordinance that adopts |
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or amends a national model code under this section. |
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SECTION 3. (a) Section 214.212, Local Government Code, as |
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amended by this Act, applies only to residential construction, |
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remodeling, alteration, enlargement, or repair that begins under an |
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agreement made on or after January 1, 2022, or that begins, in the |
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absence of an agreement, on or after that date. Residential |
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construction, remodeling, alteration, enlargement, or repair that |
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begins under an agreement made before January 1, 2022, or that |
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begins, in the absence of an agreement, before that date is governed |
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by the law in effect when the agreement was made or the activity |
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began, as appropriate, and that law is continued in effect for that |
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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 Section |
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214.212, Local Government Code, as amended by this Act. |
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SECTION 4. This Act takes effect January 1, 2022, except |
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that Section 3(b) and this section take effect September 1, 2021. |