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Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-388-texas-building-energy-performance-standards

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE C. AIR QUALITY

CHAPTER 388. TEXAS BUILDING ENERGY PERFORMANCE STANDARDS

Sec. 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, Sec. 1(b), eff. Sept. 1,

2001.

Sec. 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, Sec. 1(b), eff. Sept. 1,

2001.

Sec. 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.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch.

262, Sec. 3.01

(b-1) If the State Energy Conservation Office determines, based

on written recommendations from the laboratory, that the latest

published edition of the International Residential Code energy

efficiency provisions or the latest published edition of the

International Energy Conservation Code will result in residential

or commercial energy efficiency and air quality that is

equivalent to or better than the energy efficiency and air

quality achievable under the editions adopted under Subsection

(a) or (b), the office may by rule adopt the equivalent or more

stringent editions and substitute them for the energy codes

described by Subsection (a) or (b). The rule, if adopted, shall

establish an effective date for the new energy codes but not

earlier than nine months after the date of adoption. The

laboratory shall make its recommendations not later than six

months after publication of new editions at the end of each

three-year code development cycle of the International

Residential Code and the International Energy Conservation Code.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch.

939, Sec. 11

(b-1) If the State Energy Conservation Office determines, based

on written recommendations from the laboratory, that the energy

efficiency provisions of the latest published editions of the

International Residential Code or the International Energy

Conservation Code for residential or commercial energy efficiency

and air quality are equivalent to or more stringent than the

provisions of editions adopted under Subsection (a) or (b), the

office by rule may adopt and substitute in the energy code the

equivalent or more stringent editions for of the initial editions

described by Subsection (a) or (b). If the State Energy

Conservation Office adopts the latest published editions of the

International Residential Code or the International Energy

Conservation Code into the energy code, the office shall

establish an effective date for the new editions that is not

earlier than nine months after the date of adoption. The

laboratory shall submit recommendations concerning the latest

published editions of the International Residential Code or the

International Energy Conservation Code not later than six months

after publication of new editions.

(b-2) The State Energy Conservation Office by rule shall

establish a procedure for persons who have an interest in the

adoption of energy codes under Subsection (b-1) 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;

and

(3) environmental groups.

(b-3) In developing written recommendations under Subsection

(b-1), the laboratory shall consider the comments submitted under

Subsection (b-2).

(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, Sec. 1(b), eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 15, eff.

June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1125, Sec. 15, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

262, Sec. 3.01, eff. June 8, 2007.

Acts 2007, 80th Leg., R.S., Ch.

939, Sec. 11, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 12.013, eff. September 1, 2009.

Sec. 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, Sec. 1(b), eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 16, eff.

June 20, 2003.

Sec. 388.005. ENERGY EFFICIENCY PROGRAMS IN INSTITUTIONS OF

HIGHER EDUCATION AND CERTAIN GOVERNMENTAL ENTITIES. (a) In this

section:

(1) "Institution of higher education" includes an institution of

higher education as defined by Section 61.003, Education Code,

and a private institution of higher education that receives

funding from the state.

(2) "Political subdivision" means:

(A) an affected county; or

(B) any political subdivision in a nonattainment area or in an

affected county other than:

(i) a school district; or

(ii) 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.

(3) "State agency" means a department, commission, board,

office, council, or other agency in the executive branch of state

government that is created by the constitution or a statute of

this state and has authority not limited to a geographical

portion of the state.

(b) Each political subdivision, institution of higher education,

or state agency 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 entity.

(c) Each political subdivision, institution of higher education,

or state agency shall establish a goal to reduce the electric

consumption by the entity by five percent each state fiscal year

for six years, beginning September 1, 2007.

(d) A political subdivision, institution of higher education, or

state agency that does not attain the goals under Subsection (c)

must include in the report required by Subsection (e)

justification that the entity has already implemented all

available measures. An entity that submits a report under this

subsection indicating it has already implemented all available

measures is exempt from the annual reporting requirement of

Subsection (e) if a subsequent report would indicate no change in

status. An entity may be required to provide notice that it is

exempt to the State Energy Conservation Office.

(e) A political subdivision, institution of higher education, or

state agency annually shall report to the State Energy

Conservation Office, on forms provided by that office, regarding

the entity's efforts and progress under this section. The State

Energy Conservation Office shall provide assistance and

information to the entity to help the entity meet the goals set

under this section.

(f) This section does not apply to a state agency or an

institution of higher education that the State Energy

Conservation Office determines that, before September 1, 2007,

adopted a plan for conserving energy under which the agency or

institution established a percentage goal for reducing the

consumption of electricity. The exemption provided by this

section applies only while the agency or institution has an

energy conservation plan in effect and only if the agency or

institution submits reports on the conservation plan each

calendar quarter to the governor, the Legislative Budget Board,

and the State Energy Conservation Office.

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

2001. Amended by Acts 2003, 78th Leg., ch. 248, Sec. 1, eff. June

18, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

262, Sec. 3.02, eff. June 8, 2007.

Acts 2007, 80th Leg., R.S., Ch.

939, Sec. 12, eff. September 1, 2007.

Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 12.014, eff. September 1, 2009.

Sec. 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, Sec. 1(b), eff. Sept. 1,

2001.

Sec. 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, Sec. 1(b), eff. Sept. 1,

2001.

Sec. 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 laboratory may develop

different report formats for rating newly constructed residences

from those for existing residences. 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 laboratory may cooperate with an industry organization

or trade association to:

(1) develop guidelines for home energy ratings;

(2) provide training for individuals performing home energy

ratings and providers of home energy ratings; and

(3) provide a registry of completed ratings for newly

constructed residences and residential improvement projects for

the purpose of computing the energy savings and emissions

reductions benefits of the home energy ratings program.

(d) The laboratory shall include information on the benefits

attained from this program in an annual report to the commission.

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

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

939, Sec. 13, eff. September 1, 2007.

Sec. 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, Sec. 17, eff. June 20,

2003.

Sec. 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, Sec. 1.

Renumbered from Health and Safety Code, Section 388.009 by Acts

2005, 79th Leg., Ch.

728, Sec. 23.001(50), eff. September 1, 2005.

Sec. 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, Sec. 4, eff. September 1, 2005.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-388-texas-building-energy-performance-standards

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE C. AIR QUALITY

CHAPTER 388. TEXAS BUILDING ENERGY PERFORMANCE STANDARDS

Sec. 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, Sec. 1(b), eff. Sept. 1,

2001.

Sec. 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, Sec. 1(b), eff. Sept. 1,

2001.

Sec. 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.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch.

262, Sec. 3.01

(b-1) If the State Energy Conservation Office determines, based

on written recommendations from the laboratory, that the latest

published edition of the International Residential Code energy

efficiency provisions or the latest published edition of the

International Energy Conservation Code will result in residential

or commercial energy efficiency and air quality that is

equivalent to or better than the energy efficiency and air

quality achievable under the editions adopted under Subsection

(a) or (b), the office may by rule adopt the equivalent or more

stringent editions and substitute them for the energy codes

described by Subsection (a) or (b). The rule, if adopted, shall

establish an effective date for the new energy codes but not

earlier than nine months after the date of adoption. The

laboratory shall make its recommendations not later than six

months after publication of new editions at the end of each

three-year code development cycle of the International

Residential Code and the International Energy Conservation Code.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch.

939, Sec. 11

(b-1) If the State Energy Conservation Office determines, based

on written recommendations from the laboratory, that the energy

efficiency provisions of the latest published editions of the

International Residential Code or the International Energy

Conservation Code for residential or commercial energy efficiency

and air quality are equivalent to or more stringent than the

provisions of editions adopted under Subsection (a) or (b), the

office by rule may adopt and substitute in the energy code the

equivalent or more stringent editions for of the initial editions

described by Subsection (a) or (b). If the State Energy

Conservation Office adopts the latest published editions of the

International Residential Code or the International Energy

Conservation Code into the energy code, the office shall

establish an effective date for the new editions that is not

earlier than nine months after the date of adoption. The

laboratory shall submit recommendations concerning the latest

published editions of the International Residential Code or the

International Energy Conservation Code not later than six months

after publication of new editions.

(b-2) The State Energy Conservation Office by rule shall

establish a procedure for persons who have an interest in the

adoption of energy codes under Subsection (b-1) 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;

and

(3) environmental groups.

(b-3) In developing written recommendations under Subsection

(b-1), the laboratory shall consider the comments submitted under

Subsection (b-2).

(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, Sec. 1(b), eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 15, eff.

June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1125, Sec. 15, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

262, Sec. 3.01, eff. June 8, 2007.

Acts 2007, 80th Leg., R.S., Ch.

939, Sec. 11, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 12.013, eff. September 1, 2009.

Sec. 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, Sec. 1(b), eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 16, eff.

June 20, 2003.

Sec. 388.005. ENERGY EFFICIENCY PROGRAMS IN INSTITUTIONS OF

HIGHER EDUCATION AND CERTAIN GOVERNMENTAL ENTITIES. (a) In this

section:

(1) "Institution of higher education" includes an institution of

higher education as defined by Section 61.003, Education Code,

and a private institution of higher education that receives

funding from the state.

(2) "Political subdivision" means:

(A) an affected county; or

(B) any political subdivision in a nonattainment area or in an

affected county other than:

(i) a school district; or

(ii) 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.

(3) "State agency" means a department, commission, board,

office, council, or other agency in the executive branch of state

government that is created by the constitution or a statute of

this state and has authority not limited to a geographical

portion of the state.

(b) Each political subdivision, institution of higher education,

or state agency 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 entity.

(c) Each political subdivision, institution of higher education,

or state agency shall establish a goal to reduce the electric

consumption by the entity by five percent each state fiscal year

for six years, beginning September 1, 2007.

(d) A political subdivision, institution of higher education, or

state agency that does not attain the goals under Subsection (c)

must include in the report required by Subsection (e)

justification that the entity has already implemented all

available measures. An entity that submits a report under this

subsection indicating it has already implemented all available

measures is exempt from the annual reporting requirement of

Subsection (e) if a subsequent report would indicate no change in

status. An entity may be required to provide notice that it is

exempt to the State Energy Conservation Office.

(e) A political subdivision, institution of higher education, or

state agency annually shall report to the State Energy

Conservation Office, on forms provided by that office, regarding

the entity's efforts and progress under this section. The State

Energy Conservation Office shall provide assistance and

information to the entity to help the entity meet the goals set

under this section.

(f) This section does not apply to a state agency or an

institution of higher education that the State Energy

Conservation Office determines that, before September 1, 2007,

adopted a plan for conserving energy under which the agency or

institution established a percentage goal for reducing the

consumption of electricity. The exemption provided by this

section applies only while the agency or institution has an

energy conservation plan in effect and only if the agency or

institution submits reports on the conservation plan each

calendar quarter to the governor, the Legislative Budget Board,

and the State Energy Conservation Office.

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

2001. Amended by Acts 2003, 78th Leg., ch. 248, Sec. 1, eff. June

18, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

262, Sec. 3.02, eff. June 8, 2007.

Acts 2007, 80th Leg., R.S., Ch.

939, Sec. 12, eff. September 1, 2007.

Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 12.014, eff. September 1, 2009.

Sec. 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, Sec. 1(b), eff. Sept. 1,

2001.

Sec. 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, Sec. 1(b), eff. Sept. 1,

2001.

Sec. 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 laboratory may develop

different report formats for rating newly constructed residences

from those for existing residences. 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 laboratory may cooperate with an industry organization

or trade association to:

(1) develop guidelines for home energy ratings;

(2) provide training for individuals performing home energy

ratings and providers of home energy ratings; and

(3) provide a registry of completed ratings for newly

constructed residences and residential improvement projects for

the purpose of computing the energy savings and emissions

reductions benefits of the home energy ratings program.

(d) The laboratory shall include information on the benefits

attained from this program in an annual report to the commission.

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

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

939, Sec. 13, eff. September 1, 2007.

Sec. 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, Sec. 17, eff. June 20,

2003.

Sec. 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, Sec. 1.

Renumbered from Health and Safety Code, Section 388.009 by Acts

2005, 79th Leg., Ch.

728, Sec. 23.001(50), eff. September 1, 2005.

Sec. 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, Sec. 4, eff. September 1, 2005.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-388-texas-building-energy-performance-standards

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE C. AIR QUALITY

CHAPTER 388. TEXAS BUILDING ENERGY PERFORMANCE STANDARDS

Sec. 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, Sec. 1(b), eff. Sept. 1,

2001.

Sec. 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, Sec. 1(b), eff. Sept. 1,

2001.

Sec. 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.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch.

262, Sec. 3.01

(b-1) If the State Energy Conservation Office determines, based

on written recommendations from the laboratory, that the latest

published edition of the International Residential Code energy

efficiency provisions or the latest published edition of the

International Energy Conservation Code will result in residential

or commercial energy efficiency and air quality that is

equivalent to or better than the energy efficiency and air

quality achievable under the editions adopted under Subsection

(a) or (b), the office may by rule adopt the equivalent or more

stringent editions and substitute them for the energy codes

described by Subsection (a) or (b). The rule, if adopted, shall

establish an effective date for the new energy codes but not

earlier than nine months after the date of adoption. The

laboratory shall make its recommendations not later than six

months after publication of new editions at the end of each

three-year code development cycle of the International

Residential Code and the International Energy Conservation Code.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch.

939, Sec. 11

(b-1) If the State Energy Conservation Office determines, based

on written recommendations from the laboratory, that the energy

efficiency provisions of the latest published editions of the

International Residential Code or the International Energy

Conservation Code for residential or commercial energy efficiency

and air quality are equivalent to or more stringent than the

provisions of editions adopted under Subsection (a) or (b), the

office by rule may adopt and substitute in the energy code the

equivalent or more stringent editions for of the initial editions

described by Subsection (a) or (b). If the State Energy

Conservation Office adopts the latest published editions of the

International Residential Code or the International Energy

Conservation Code into the energy code, the office shall

establish an effective date for the new editions that is not

earlier than nine months after the date of adoption. The

laboratory shall submit recommendations concerning the latest

published editions of the International Residential Code or the

International Energy Conservation Code not later than six months

after publication of new editions.

(b-2) The State Energy Conservation Office by rule shall

establish a procedure for persons who have an interest in the

adoption of energy codes under Subsection (b-1) 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;

and

(3) environmental groups.

(b-3) In developing written recommendations under Subsection

(b-1), the laboratory shall consider the comments submitted under

Subsection (b-2).

(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, Sec. 1(b), eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 15, eff.

June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1125, Sec. 15, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

262, Sec. 3.01, eff. June 8, 2007.

Acts 2007, 80th Leg., R.S., Ch.

939, Sec. 11, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 12.013, eff. September 1, 2009.

Sec. 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, Sec. 1(b), eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 16, eff.

June 20, 2003.

Sec. 388.005. ENERGY EFFICIENCY PROGRAMS IN INSTITUTIONS OF

HIGHER EDUCATION AND CERTAIN GOVERNMENTAL ENTITIES. (a) In this

section:

(1) "Institution of higher education" includes an institution of

higher education as defined by Section 61.003, Education Code,

and a private institution of higher education that receives

funding from the state.

(2) "Political subdivision" means:

(A) an affected county; or

(B) any political subdivision in a nonattainment area or in an

affected county other than:

(i) a school district; or

(ii) 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.

(3) "State agency" means a department, commission, board,

office, council, or other agency in the executive branch of state

government that is created by the constitution or a statute of

this state and has authority not limited to a geographical

portion of the state.

(b) Each political subdivision, institution of higher education,

or state agency 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 entity.

(c) Each political subdivision, institution of higher education,

or state agency shall establish a goal to reduce the electric

consumption by the entity by five percent each state fiscal year

for six years, beginning September 1, 2007.

(d) A political subdivision, institution of higher education, or

state agency that does not attain the goals under Subsection (c)

must include in the report required by Subsection (e)

justification that the entity has already implemented all

available measures. An entity that submits a report under this

subsection indicating it has already implemented all available

measures is exempt from the annual reporting requirement of

Subsection (e) if a subsequent report would indicate no change in

status. An entity may be required to provide notice that it is

exempt to the State Energy Conservation Office.

(e) A political subdivision, institution of higher education, or

state agency annually shall report to the State Energy

Conservation Office, on forms provided by that office, regarding

the entity's efforts and progress under this section. The State

Energy Conservation Office shall provide assistance and

information to the entity to help the entity meet the goals set

under this section.

(f) This section does not apply to a state agency or an

institution of higher education that the State Energy

Conservation Office determines that, before September 1, 2007,

adopted a plan for conserving energy under which the agency or

institution established a percentage goal for reducing the

consumption of electricity. The exemption provided by this

section applies only while the agency or institution has an

energy conservation plan in effect and only if the agency or

institution submits reports on the conservation plan each

calendar quarter to the governor, the Legislative Budget Board,

and the State Energy Conservation Office.

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

2001. Amended by Acts 2003, 78th Leg., ch. 248, Sec. 1, eff. June

18, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

262, Sec. 3.02, eff. June 8, 2007.

Acts 2007, 80th Leg., R.S., Ch.

939, Sec. 12, eff. September 1, 2007.

Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 12.014, eff. September 1, 2009.

Sec. 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, Sec. 1(b), eff. Sept. 1,

2001.

Sec. 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, Sec. 1(b), eff. Sept. 1,

2001.

Sec. 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 laboratory may develop

different report formats for rating newly constructed residences

from those for existing residences. 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 laboratory may cooperate with an industry organization

or trade association to:

(1) develop guidelines for home energy ratings;

(2) provide training for individuals performing home energy

ratings and providers of home energy ratings; and

(3) provide a registry of completed ratings for newly

constructed residences and residential improvement projects for

the purpose of computing the energy savings and emissions

reductions benefits of the home energy ratings program.

(d) The laboratory shall include information on the benefits

attained from this program in an annual report to the commission.

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

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

939, Sec. 13, eff. September 1, 2007.

Sec. 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, Sec. 17, eff. June 20,

2003.

Sec. 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, Sec. 1.

Renumbered from Health and Safety Code, Section 388.009 by Acts

2005, 79th Leg., Ch.

728, Sec. 23.001(50), eff. September 1, 2005.

Sec. 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, Sec. 4, eff. September 1, 2005.