H.B. No. 738

	AN ACT
	relating to residential and commercial building requirements of
	municipalities, counties, and emergency services districts.
	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
	Subsection (e) 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.
	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.  Chapter 250, Local Government Code, is amended
	by adding Section 250.011 to read as follows:
	Sec. 250.011.  RESIDENTIAL FIRE PROTECTION SPRINKLER
	SYSTEMS. (a) Notwithstanding any other law and except as provided
	by Subsection (c), a municipality, county, or emergency services
	district may not enact an ordinance, bylaw, order, building code,
	or rule requiring the installation of a multipurpose residential
	fire protection sprinkler system or any other fire protection
	sprinkler system in a new or existing one- or two-family dwelling.
	(b)  A municipality, county, or emergency services district
	may adopt an ordinance, bylaw, order, building code, or rule
	allowing a multipurpose residential fire protection sprinkler
	system specialist or other contractor to offer, for a fee, the
	installation of a fire protection sprinkler system in a new one- or
	two-family dwelling.
	(c)  Subsection (a) does not apply to:
	(1)  a municipality that has enacted an ordinance,
	bylaw, order, building code, or rule requiring the installation of
	a multipurpose residential fire protection sprinkler system or any
	other fire protection sprinkler system in a new or existing one- or
	two-family dwelling on or before January 1, 2009; or
	(2)  an emergency services district:
	(A)  that before February 1, 2013, has adopted a
	fire code, fire code amendments, or other requirements in conflict
	with Subsection (a); and
	(B)  whose territory is located:
	(i)  in or adjacent to a general law
	municipality with a population of less than 4,000 that is served by
	a water control and improvement district governed by Chapter 51,
	Water Code; and
	(ii)  in a county that has a population of
	more than one million and is adjacent to a county with a population
	of more than 420,000.
	SECTION 5.  (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 6.  This Act takes effect January 1, 2022, except
	that Section 5(b) of this Act and this section take effect September
	1, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 738 was passed by the House on April
	8, 2021, by the following vote:  Yeas 143, Nays 5, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 738 on May 23, 2021, by the following vote:  Yeas 134, Nays 10,
	1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 738 was passed by the Senate, with
	amendments, on May 19, 2021, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor