HBA-CBW H.B. 2411 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2411
By: Ritter
Land & Resource Management
3/15/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a municipality in Texas is authorized to adopt building
codes regulating construction within its jurisdiction, but the differing
building codes among municipalities may confuse contractors that work in
multiple municipalities, which may cause delays throughout the construction
process.  Establishing a uniform residential building code may alleviate
the problem. House Bill 2411 provides for the adoption of the International
Residential Code as a uniform residential building code in Texas. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2411 amends the Local Government Code to adopt the International
Residential Code (IRC), as it existed on May 1, 2001, as a municipal
residential building code in this state.  The bill provides that the IRC
applies to all construction, alteration, remodeling, enlargement, and
repair of residential structures in a municipality.  The bill authorizes a
municipality to establish procedures to adopt local amendments to the IRC
and for the administration and enforcement of the IRC.  The bill requires a
municipality to review and consider amendments made by the International
Code Council to the IRC after May 1, 2001. 

The bill amends the Insurance Code to provide that all structures that are
constructed or repaired or to which additions are made on or after January
1, 2002, rather than January 1, 1988, to be considered insurable property
for windstorm and hail insurance from the Texas Windstorm Insurance
Association (association) must be inspected or approved by the State Board
of Insurance (board) for compliance with the building specifications in the
plan of operation.  The bill provides that in order to be considered
insurable property for windstorm and hail insurance from the association
all structures that are constructed or repaired or to which additions are
made on or after January 1, 1988, and before January 1, 2002, must be
inspected or approved by the board for compliance with the building
specifications in the plan of operation.   

The bill provides that to obtain a certificate of compliance, a person must
submit an application for windstorm inspection at the Texas Department of
Insurance before beginning to construct, alter, remodel, enlarge, or repair
a structure. 

EFFECTIVE DATE

January 1, 2002. The provision that requires municipalities to establish
rules and take other necessary actions to implement building codes before
January 1, 2002, takes effect September 1, 2001.