89R3851 MP-D     By: Darby H.B. No. 5109       A BILL TO BE ENTITLED   AN ACT   relating to certain regulations adopted by governmental entities   for the construction or alteration 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, 2025.