Bill Text: TX SB2453 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to certain regulations adopted by governmental entities for the building products, materials, or methods used in the construction of residential or commercial buildings.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Vetoed) 2023-06-16 - Vetoed by the Governor [SB2453 Detail]

Download: Texas-2023-SB2453-Comm_Sub.html

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By: Menéndez, et al. S.B. No. 2453
(Hernandez)

A BILL TO BE ENTITLED
AN ACT
relating to certain regulations adopted by governmental entities
for the building products, materials, or methods used in the
construction of residential or commercial buildings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3000.002(c), Government Code, is amended
to read as follows:
(c) This section does not apply to:
(1) a program established by a state agency that
requires particular standards, incentives, or financing
arrangements in order to comply with requirements of a state or
federal funding source or housing program;
(2) a requirement for a building necessary to consider
the building eligible for windstorm and hail insurance coverage
under Chapter 2210, Insurance Code;
(3) an ordinance or other regulation that regulates
outdoor lighting that is adopted for the purpose of reducing light
pollution and that:
(A) is adopted by a governmental entity that is
certified as a Dark Sky Community by the International Dark-Sky
Association as part of the International Dark Sky Places Program;
(B) is adopted by a governmental entity that has
adopted a resolution stating the entity's intent to become
certified as a Dark Sky Community by the International Dark-Sky
Association as part of the International Dark Sky Places Program
and does not regulate outdoor lighting in a manner that is more
restrictive than the prohibitions or limitations required to become
certified as a Dark Sky Community; or
(C) applies to outdoor lighting within five miles
of the boundary of a military base in which an active training
program is conducted;
(4) an ordinance or order that:
(A) regulates outdoor lighting; and
(B) is adopted under Subchapter B, Chapter 229,
Local Government Code, or Subchapter B, Chapter 240, Local
Government Code;
(5) a building located in a place or area designated
for its historical, cultural, or architectural importance and
significance that a municipality may regulate under Section
211.003(b), Local Government Code, if the municipality:
(A) is a certified local government under the
National Historic Preservation Act (54 U.S.C. Section 300101 et
seq.); or
(B) has an applicable landmark ordinance that
meets the requirements under the certified local government program
as determined by the Texas Historical Commission;
(6) a building located in a place or area designated
for its historical, cultural, or architectural importance and
significance by a governmental entity, if designated before April
1, 2019;
(7) a building located in an area designated as a
historic district on the National Register of Historic Places;
(8) a building designated as a Recorded Texas Historic
Landmark;
(9) a building designated as a State Archeological
Landmark or State Antiquities Landmark;
(10) a building listed on the National Register of
Historic Places or designated as a landmark by a governmental
entity;
(11) a building located in a World Heritage Buffer
Zone;
(12) a building located in an area designated for
development, restoration, or preservation in a main street city
under the main street program established under Section 442.014;
(13) a standard for a plumbing product required by an
ordinance or other regulation implementing a water conservation
plan or program described by Section 11.1271 or 13.146, Water Code;
[and]
(14) a standard for a plumbing product imposed by the
Texas Water Development Board as a condition of applying for or
receiving financial assistance under a program administered by the
board;
(15) an energy code as adopted by the State Energy
Conservation Office under Section 388.003(a) or (b), Health and
Safety Code;
(16) an energy and water conservation design standard
established by the State Energy Conservation Office under Section
447.004; and
(17) a high-performance building standard approved by
a board of regents under Section 55.115, Education Code.
SECTION 2. Section 388.003, Health and Safety Code, is
amended by amending Subsections (a), (b), and (b-2) and adding
Subsections (a-1) and (a-2) to read as follows:
(a) To achieve energy conservation in single-family
residential construction, the energy efficiency chapter of the
International Residential Code, as it existed on May 1, 2001, is
adopted as the energy code in this state for single-family
residential construction. On September 1, 2016, the energy
efficiency chapter of the International Residential Code, as it
existed on May 1, 2015, is adopted as the energy code in this state
for single-family residential construction. On or after September
1, 2021, the State Energy Conservation Office may adopt and
substitute for that energy code the latest published edition of the
energy efficiency chapter of the International Residential Code,
based on written findings on the stringency of the chapter
submitted by the laboratory under Subsection (b-3). The office:
(1) may not amend or adopt an edition under this
subsection more often than once every six years; [and]
(2) by rule shall establish an effective date for an
adopted edition that is not earlier than nine months after the date
of adoption; and
(3) may amend an adopted edition.
(a-1) Before amending or adopting an edition of the energy
efficiency chapter of the International Residential Code under
Subsection (a), the State Energy Conservation Office shall conduct
an analysis that:
(1) measures the impact of the amendment or adoption
on housing attainability in this state; and
(2) quantifies the incremental construction cost and
energy use cost savings associated with construction to evaluate
the cost-effectiveness of the proposed amendment or adoption.
(a-2) The analysis under Subsection (a-1)(2) must calculate
the payback period for any required products or minimum standards
or requirements that are more stringent than the energy code in
effect on the date immediately before the date the amendment or
adoption would take effect.
(b) To achieve energy conservation in all other
residential, commercial, and industrial construction, the
International Energy Conservation Code as it existed on May 1,
2001, is adopted as the energy code for use in this state for all
other residential, commercial, and industrial construction. The
State Energy Conservation Office may adopt and substitute for that
energy code the latest published edition of the International
Energy Conservation Code, based on written findings on the
stringency of the edition submitted by the laboratory under
Subsection (b-3). The office:
(1) by rule shall establish an effective date for an
adopted edition that is not earlier than nine months after the date
of adoption; and
(2) may amend an adopted edition.
(b-2) The State Energy Conservation Office by rule shall
establish a procedure for persons who have an interest in the
amendment or adoption of energy codes under Subsection (a) or (b) to
have an opportunity to comment on the codes under
consideration. The office shall consider persons who have an
interest in adoption of those codes to include:
(1) commercial and residential builders, architects,
and engineers;
(2) municipal, county, and other local government
authorities;
(3) environmental groups; and
(4) manufacturers of building materials and products.
SECTION 3. This Act takes effect September 1, 2023.