H.B. No. 1736
 
 
 
 
AN ACT
  relating to building energy efficiency performance standards.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 388.003, Health and Safety Code, is
  amended by amending Subsections (a), (b), (b-2), (b-3), (d), and
  (i) and adding Subsections (j) and (k) 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 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.
         (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 by rule shall establish an effective
  date for an adopted edition that is not earlier than nine months
  after the date of adoption.
         (b-2)  The State Energy Conservation Office by rule shall
  establish a procedure for persons who have an interest in the
  adoption of energy codes under Subsection (a) or (b) [(b-1)] 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; [and]
               (3)  environmental groups; and
               (4)  manufacturers of building materials and products.
         (b-3)  The [In developing written recommendations under
  Subsection (b-1), the] laboratory shall:
               (1)  submit to the State Energy Conservation Office
  written findings on the stringency of the latest published edition
  of the International Residential Code energy efficiency provisions
  only if the date of the edition allows the office to adopt the
  edition under Subsection (a)(1);
               (2)  submit to the State Energy Conservation Office
  written findings on the stringency of the latest published edition
  of the International Energy Conservation Code not later than six
  months after publication of a new edition; and
               (3)  in developing the findings, consider the comments
  submitted under Subsection (b-2).
         (d)  A municipality [or county] may establish procedures to
  adopt local amendments to the International Energy Conservation
  Code and the energy efficiency chapter of the International
  Residential Code. Notwithstanding the requirements of Subsection
  (e), a municipality located in an area defined by Section
  388.002(11) or in an affected county may establish procedures to
  adopt local amendments to the Energy Rating Index Compliance
  Alternative or subsequent alternative compliance path as described
  by Subsection (j).
         (i)  A building certified by a national, state, or local
  accredited energy efficiency program and determined by the
  laboratory to be in compliance with the energy efficiency
  requirements of this section may, at the option of the
  municipality, be considered in compliance. The United States
  Environmental Protection Agency's Energy Star Program
  certification of energy code equivalency shall be considered in
  compliance. The Energy Rating Index Compliance Alternative or
  subsequent alternative compliance path as described by Subsection
  (j) shall be considered in compliance.
         (j)  For the purposes of this chapter, the Energy Rating
  Index Compliance Alternative or subsequent alternative compliance
  path used to measure compliance for single-family residential
  construction in an optional compliance path of
  the energy
  efficiency chapter of the International Residential Code that uses
  an energy rating index is as follows:
               (1)  for climate zone 2, an energy rating index of:
                     (A)  65 or lower from September 1, 2016, to August
  31, 2019;
                     (B)  63 or lower from September 1, 2019, to August
  31, 2022; and 
                     (C)  59 or lower on or after September 1, 2022;
               (2)  for climate zone 3, an energy rating index of:
                     (A)  65 or lower from September 1, 2016, to August
  31, 2019;
                     (B)  63 or lower from September 1, 2019, to August
  31, 2022; and 
                     (C)  59 or lower on or after September 1, 2022; and
               (3)  for climate zone 4, an energy rating index of:
                     (A)  69 or lower from September 1, 2016, to August
  31, 2019;
                     (B)  67 or lower from September 1, 2019, to August
  31, 2022; and 
                     (C)  63 or lower on or after September 1, 2022.
         (k)  This subsection and Subsection (j) expire September 1,
  2025.
         SECTION 2.  The following provisions of the Health and
  Safety Code are repealed:
               (1)  Section 388.003(b-1), as added by Chapter 262
  (S.B. 12), Acts of the 80th Legislature, Regular Session, 2007; and
               (2)  Section 388.003(b-1), as added by Chapter 939
  (H.B. 3693), Acts of the 80th Legislature, Regular Session, 2007.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1736 was passed by the House on April
  30, 2015, by the following vote:  Yeas 123, Nays 16, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1736 on May 22, 2015, by the following vote:  Yeas 111, Nays 18,
  3 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1736 was passed by the Senate, with
  amendments, on May 20, 2015, by the following vote:  Yeas 29, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor