2005 Texas Health & Safety Code CHAPTER 388. TEXAS BUILDING ENERGY PERFORMANCE STANDARDS

HEALTH & SAFETY CODE

CHAPTER 388. TEXAS BUILDING ENERGY PERFORMANCE STANDARDS


	§ 388.001. LEGISLATIVE FINDINGS.  (a) The legislature 
finds that an effective building energy code is essential to:
		(1)  reducing the air pollutant emissions that are 
affecting the health of residents of this state;
		(2)  moderating future peak electric power demand;                            
		(3)  assuring the reliability of the electrical grid;  
and                  
		(4)  controlling energy costs for residents and 
businesses in this state.   
	(b)  The legislature further finds that this state has a 
number of unique climate types, all of which require more energy for 
cooling than for heating, and that there are many cost-effective 
measures that can reduce peak energy use and reduce cooling and 
other energy costs in buildings.

Added by Acts 2001, 77th Leg., ch. 967, § 1(b), eff. Sept. 1, 
2001.      


	§ 388.002. DEFINITIONS.  In this chapter:                                   
		(1)  "Affected county" has the meaning assigned by 
Section 386.001.         
		(2)  "Building" has the meaning assigned by the 
International Building Code.
		(3)  "Code official" means an individual employed by a 
local jurisdiction to review construction plans and other 
documents, inspect construction, or administer and enforce 
building standards under this chapter.
		(4)  "Code-certified inspector" means an inspector who 
is certified by the International Code Council, the Building 
Officials and Code Administrators International, Inc., the 
International Conference of Building Officials, or the Southern 
Building Code Congress International to have met minimum standards 
for interpretation and enforcement of requirements of the 
International Energy Conservation Code and the energy efficiency 
chapter of the International Residential Code.
		(5)  "Commission" means the Texas Natural Resource 
Conservation Commission. 
		(6)  "International Residential Code" means the 
International Residential Code for One- and Two-Family Dwellings as 
adopted by the International Code Council.
		(7)  "International Energy Conservation Code" means 
the International Energy Conservation Code as adopted by the 
International Code Council.
		(8)  "Laboratory" means the Energy Systems Laboratory 
at the Texas Engineering Experiment Station of The Texas A&M 
University System.
		(9)  "Local jurisdiction" means the authority 
responsible for implementation and enforcement of local building 
codes.
		(10)  "Municipality" has the meaning assigned by 
Section 1.005, Local Government Code.
		(11)  "Nonattainment area" has the meaning assigned by 
Section 386.001.     
		(12)  "Single-family residential" means having the 
character of a detached one- or two-family dwelling or a multiple 
single-family dwelling not more than three stories high with 
separate means of egress, including the accessory structures of the 
dwelling.

Added by Acts 2001, 77th Leg., ch. 967, § 1(b), eff. Sept. 1, 
2001.      


	§ 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.


	§ 388.004. ENFORCEMENT OF ENERGY STANDARDS OUTSIDE OF 
MUNICIPALITY.  (a) For construction outside of the local 
jurisdiction of a municipality:
		(1)  a building certified by a national, state, or 
local accredited energy efficiency program shall be considered in 
compliance;
		(2)  a building with inspections from private 
code-certified inspectors using the energy efficiency chapter of 
the International Residential Code or International Energy 
Conservation Code shall be considered in compliance;  and
		(3)  a builder who does not have access to either of the 
above methods for a building shall certify compliance using a form 
provided by the laboratory, enumerating the code-compliance 
features of the building.
	(b)  A builder shall retain until the third anniversary of 
the date on which compliance is achieved the original copy of any 
documentation that establishes compliance under this section.  The 
builder on receipt of any compliance documentation shall provide a 
copy to the owner of the building.
	(c)  A single-family residence built in the unincorporated 
area of a county the construction of which was completed on or after 
September 1, 2001, but not later than August 31, 2002, 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, § 16, eff. June 
20, 2003.


	§ 388.005. ENERGY EFFICIENCY PROGRAMS IN CERTAIN 
POLITICAL SUBDIVISIONS.  (a) In this section, "political 
subdivision" means:
		(1)  an affected county;  or                                                  
		(2)  any political subdivision in a nonattainment area 
or in an affected county other than:
			(A)  a school district;  or                                                  
			(B)  a district as defined by Section 36.001 or 
49.001, Water Code, that had a total annual electricity expense of 
less than $200,000 in the previous fiscal year of the district.
	(b)  Each political subdivision shall implement all energy 
efficiency measures that meet the standards established for a 
contract for energy conservation measures under Section 
302.004(b), Local Government Code, in order to reduce electricity 
consumption by the existing facilities of the political 
subdivision.
	(c)  Each political subdivision shall establish a goal to 
reduce the electric consumption by the political subdivision by 
five percent each year for five years, beginning January 1, 2002.
	(d)  A political subdivision that does not attain the goals 
under Subsection (c) must include in the report required by 
Subsection (e) justification that the political subdivision has 
already implemented all available measures.
	(e)  A political subdivision annually shall report to the 
State Energy Conservation Office, on forms provided by that office, 
regarding the political subdivision's efforts and progress under 
this section.  The State Energy Conservation Office shall provide 
assistance and information to political subdivisions to help the 
political subdivisions meet the goals set under this section.

Added by Acts 2001, 77th Leg., ch. 967, § 1(b), eff. Sept. 1, 
2001.  Amended by Acts 2003, 78th Leg., ch. 248, § 1, eff. June 
18, 2003.


	§ 388.006. STATE ENERGY CONSERVATION OFFICE 
EVALUATION.  The State Energy Conservation Office annually shall 
provide the commission with an evaluation of the effectiveness of 
state and political subdivision energy efficiency programs, 
including programs under this chapter.

Added by Acts 2001, 77th Leg., ch. 967, § 1(b), eff. Sept. 1, 
2001.      


	§ 388.007. DISTRIBUTION OF INFORMATION AND TECHNICAL 
ASSISTANCE.  (a) The laboratory shall make available to builders, 
designers, engineers, and architects code implementation materials 
that explain the requirements of the International Energy 
Conservation Code and the energy efficiency chapter of the 
International Residential Code and that describe methods of 
compliance acceptable to code officials.
	(b)  The materials may include software tools, simplified 
prescriptive options, and other materials as appropriate.  The 
simplified materials may be designed for projects in which a design 
professional is not involved.
	(c)  The laboratory may provide local jurisdictions with 
technical assistance concerning implementation and enforcement of 
the International Energy Conservation Code and the energy 
efficiency chapter of the International Residential Code.

Added by Acts 2001, 77th Leg., ch. 967, § 1(b), eff. Sept. 1, 
2001.      


	§ 388.008. DEVELOPMENT OF HOME ENERGY RATINGS.  (a) The 
laboratory shall develop a standardized report format to be used by 
providers of home energy ratings.  The form must be designed to give 
potential buyers information on a structure's energy performance, 
including:
		(1)  insulation;                                                              
		(2)  types of windows;                                                        
		(3)  heating and cooling equipment;                                           
		(4)  water heating equipment;                                                 
		(5)  additional energy conserving features, if any;                           
		(6)  results of performance measurements of building 
tightness and forced air distribution;  and
		(7)  an overall rating of probable energy efficiency 
relative to the minimum requirements of the International Energy 
Conservation Code or the energy efficiency chapter of the 
International Residential Code, as appropriate.
	(b)  The laboratory shall establish a public information 
program to inform homeowners, sellers, buyers, and others regarding 
home energy ratings. 
	(c)  The home energy ratings program shall be implemented by 
September 1, 2002.

Added by Acts 2001, 77th Leg., ch. 967, § 1(b), eff. Sept. 1, 
2001.      


	§ 388.009. ENERGY-EFFICIENT BUILDING PROGRAM.  (a) In 
this section, "National Housing Act" means Section 203(b), (i), or 
(k) of the National Housing Act (12 U.S.C. Sections 1709(b), (i), 
and (k)), as amended.
	(b)  The General Land Office, in consultation with the 
laboratory, the commission, and an advisory committee appointed by 
the General Land Office, may develop an energy-efficient building 
accreditation program for buildings that exceed the building energy 
performance standards under Section 388.003 by 15 percent or more.
	(c)  If the General Land Office adopts a program under this 
section, the General Land Office, in consultation with the 
laboratory, shall update the program on or before December 1 of each 
even-numbered year using the best available energy-efficient 
building practices.
	(d)  If the General Land Office adopts a program under this 
section, the program shall use a checklist system to produce an 
energy-efficient building scorecard to help:
		(1)  home buyers compare potential homes and, by 
providing a copy of the completed scorecard to a mortgage lender, 
qualify for energy-efficient mortgages under the National Housing 
Act;  and
		(2)  communities qualify for emissions reduction 
credits by adopting codes that meet or exceed the energy-efficient 
building or energy performance standards established under this 
chapter.
	(e)  The General Land Office may establish a public 
information program to inform homeowners, sellers, buyers, and 
others regarding energy-efficient building ratings.
	(f)  If the General Land Office adopts a program under this 
section, the laboratory shall establish a system to measure the 
reduction in energy and emissions produced under the 
energy-efficient building program and report those savings to the 
commission.

Added by Acts 2003, 78th Leg., ch. 1331, § 17, eff. June 20, 
2003.       


	§ 388.010. OUTREACH TO NEAR-NONATTAINMENT AREAS.  The 
commission shall conduct outreach to near-nonattainment areas and 
affected counties on the benefits of implementing energy efficiency 
initiatives, including the promotion of energy-efficient building 
programs and urban heat island mitigation techniques, as a way to 
meet air quality attainment goals under the federal Clean Air Act 
(42 U.S.C. Section 7401 et seq.), as amended.

Added by Acts 2003, 78th Leg., ch. 1331, § 17, eff. June 20, 
2003.       


	§ 388.011. CERTIFICATION OF MUNICIPAL BUILDING 
INSPECTORS.  The laboratory shall develop and administer statewide 
a training program for municipal building inspectors seeking to 
become code-certified inspectors.  The laboratory shall also work 
with national code organizations to assist participants in the 
certification program.  The laboratory may collect reasonable fees 
from participants in the program to pay the costs of administering 
the program.

Acts 2003, 78th Leg., ch. 1148, § 1.  Renumbered from V.T.C.A., 
Health & Safety Code § 388.009 by Acts 2005, 79th Leg., ch. 728, 
§ 23.001(50), eff. Sept. 1, 2005.


	§ 388.012. DEVELOPMENT OF ALTERNATIVE ENERGY-SAVING 
METHODS.  The laboratory shall develop at least three alternative 
methods for achieving a 15 percent greater potential energy savings 
in residential, commercial, and industrial construction than the 
potential energy savings of construction that is in minimum 
compliance with Section 388.003.  The alternative methods:
		(1)  may include both prescriptive and 
performance-based approaches, such as the approach of the United 
States Environmental Protection Agency's Energy Star qualified new 
home labeling program;  and
		(2)  must include an estimate of:                                             
			(A)  the implementation costs and energy savings 
to consumers;  and        
			(B)  the related emissions reductions.                                       

Added by Acts 2005, 79th Leg., ch. 1095, § 4, eff. Sept. 1, 2005.