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Texas Health & Safety Code - Section 388.003. Adoption Of Building Energy Efficiency Performance Standards

Legal Research Home > Texas Lawyer > Health & Safety Code > Texas Health & Safety Code - Section 388.003. Adoption Of Building Energy Efficiency Performance Standards

§ 388.003. ADOPTION OF BUILDING ENERGY EFFICIENCY 
PERFORMANCE STANDARDS.  (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.
	(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.
	(c)  A municipality shall establish procedures:                                
		(1)  for the administration and enforcement of the 
codes;  and              
		(2)  to ensure that code-certified inspectors shall 
perform inspections and enforce the code in the inspectors' 
jurisdictions.
	(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.
	(e)  Local amendments may not result in less stringent energy 
efficiency requirements in nonattainment areas and in affected 
counties than the energy efficiency chapter of the International 
Residential Code or International Energy Conservation Code.  Local 
amendments must comply with the National Appliance Energy 
Conservation Act of 1987 (42 U.S.C. Sections 6291-6309), as 
amended.  The laboratory, at the request of a municipality or 
county, shall determine the relative impact of proposed local 
amendments to an energy code, including whether proposed amendments 
are substantially equal to or less stringent than the unamended 
code.  For the purpose of establishing uniform requirements 
throughout a region, and on request of a council of governments, a 
county, or a municipality, the laboratory may recommend a 
climatically appropriate modification or a climate zone 
designation for a county or group of counties that is different from 
the climate zone designation in the unamended code.  The laboratory 
shall:
		(1)  report its findings to the council, county, or 
municipality, including an estimate of any energy savings potential 
above the base code from local amendments;  and
		(2)  annually submit a report to the commission:                              
			(A)  identifying the municipalities and counties 
whose codes are more stringent than the unamended code, and whose 
codes are equally stringent or less stringent than the unamended 
code;  and
			(B)  quantifying energy savings and emissions 
reductions from this program.
	(f)  Each municipality, and each county that has established 
procedures under Subsection (d), shall periodically review and 
consider revisions made by the International Code Council to the 
International Energy Conservation Code and the energy efficiency 
chapter of the International Residential Code adopted after May 1, 
2001.
	(g)  The laboratory shall have the authority to set and 
collect fees to perform certain tasks in support of the 
requirements in Sections 388.004, 388.007, and 388.008.
	(h)  Within the boundaries of an airport operated by a joint 
board created under Subchapter D, Chapter 22, Transportation Code, 
the constituent agencies of which are populous home-rule 
municipalities, the powers of a municipality under this section are 
exclusively the powers of the joint board.
	(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.

Added by Acts 2001, 77th Leg., ch. 967, § 1(b), eff. Sept. 1, 
2001.  Amended by Acts 2003, 78th Leg., ch. 1331, § 15, eff. June 
20, 2003;  Acts 2005, 79th Leg., ch. 1125, § 15, eff. Sept. 1, 
2005.

Last modified: August 11, 2007