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AN ACT
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relating to the adoption and amendment of model building codes by |
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certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 214, Local Government |
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Code, is amended by adding Sections 214.217 and 214.218 to read as |
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follows: |
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Sec. 214.217. NOTICE REGARDING MODEL CODE ADOPTION OR |
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AMENDMENT IN CERTAIN MUNICIPALITIES. (a) In this section, |
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"national model code" means a publication that is developed, |
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promulgated, and periodically updated at a national level by |
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organizations consisting of industry and government fire and |
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building safety officials through a legislative or consensus |
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process and that is intended for consideration by units of |
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government as local law. National model codes include the |
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International Residential Code, the National Electrical Code, and |
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the International Building Code. |
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(b) This section applies only to a municipality with a |
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population of more than 100,000. |
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(c) On or before the 21st day before the date the governing |
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body of a municipality takes action to consider, review, and |
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recommend the adoption of or amendment to a national model code |
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governing the construction, renovation, use, or maintenance of |
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buildings and building systems in the municipality, the governing |
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body shall publish notice of the proposed action conspicuously on |
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the municipality's Internet website. |
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(d) The governing body of the municipality shall make a |
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reasonable effort to encourage public comment from persons affected |
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by the proposed adoption of or amendment to a national model code |
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under this section. |
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(e) On the written request from five or more persons, the |
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governing body of the municipality shall hold a public hearing open |
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to public comment on the proposed adoption of or amendment to a |
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national model code under this section. The hearing must be held on |
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or before the 14th day before the date the governing body adopts the |
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ordinance that adopts or amends a national model code under this |
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section. |
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(f) If the governing body of a municipality has established |
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an advisory board or substantially similar entity for the purpose |
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of obtaining public comment on the proposed adoption of or |
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amendment to a national model code, this section does not apply. |
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Sec. 214.218. IMMEDIATE EFFECT OF CERTAIN CODES OR |
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PROVISIONS DELAYED. (a) In this section, "national model code" |
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has the meaning assigned by Section 214.217. |
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(b) Except as provided by Subsection (c), the governing body |
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of a municipality with a population of more than 100,000 that adopts |
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an ordinance or national model code provision that is intended to |
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govern the construction, renovation, use, or maintenance of |
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buildings and building systems in the municipality shall delay |
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implementing and enforcing the ordinance or code provision for at |
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least 30 days after final adoption to permit persons affected to |
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comply with the ordinance or code provision. |
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(c) If a delay in implementing or enforcing the ordinance or |
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code provision would cause imminent harm to the health or safety of |
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the public, the municipality may enforce the ordinance or code |
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provision immediately on the effective date of the ordinance or |
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code provision. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 820 passed the Senate on |
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March 25, 2009, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 820 passed the House on |
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May 12, 2009, by the following vote: Yeas 133, Nays 16, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |