SB 783

S.B. No. 783
  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 or published 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 or published 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;
               (4)  electric, gas, and water utilities operated by a
  public or private entity; and
               (5) [(4)]  manufacturers of building materials and
  products.
         SECTION 3.  This Act takes effect September 1, 2025.
  ______________________________
  ______________________________
     President of the Senate
  Speaker of the House     
         I hereby certify that S.B. No. 783 passed the Senate on
  April 10, 2025, by the following vote:  Yeas 27, Nays 3; and that
  the Senate concurred in House amendments on May 7, 2025, by the
  following vote:  Yeas 28, Nays 3.
  ______________________________
  Secretary of the Senate    
         I hereby certify that S.B. No. 783 passed the House, with
  amendments, on April 30, 2025, by the following vote:  Yeas 112,
  Nays 29, two present not voting.
  ______________________________
  Chief Clerk of the House   
  Approved:
  ______________________________ 
              Date
  ______________________________ 
            Governor