PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 70. INDUSTRIALIZED HOUSING AND BUILDINGS
The Texas Department of Licensing and Regulation (Department) proposes an amendment to existing rules at 16 Texas Administrative Code (TAC), Chapter 70, §70.100(a), regarding the Industrialized Housing and Buildings program. This proposed change is referred to as the "proposed rule."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The proposed rule under 16 TAC, Chapter 70, implements Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings.
The proposed rule amendment at §70.100(a) would revise the date on which the industry would begin implementing the 2021 editions of the International Building Codes, the 2020 National Electrical Code, and their amendments. The proposed rule amends the date for industry implementation to July 1, 2024.
Code Council Recommendations
This rulemaking is solely for the revision of the date the industry is to begin implementation of the 2021 editions of the International Building Codes, the 2020 National Electrical Code, and their amendments. The agency has performed outreach to the industry and is not enforcing the date currently shown in the rule section. As the only amendment to the rules is the date of implementation and time is of the essence, it is not necessary to consult the Code Council.
SECTION-BY-SECTION SUMMARY
The proposed rules amend §70.100(a) to revise the effective date of the mandatory building codes to July 1, 2024.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rule is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rule.
Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rule is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rule.
Mr. Couvillon has determined that for each year of the first five years the proposed rule is in effect, enforcing or administering the proposed rule does not have foreseeable implications relating to costs or revenues of state or local governments.
LOCAL EMPLOYMENT IMPACT STATEMENT
Because Mr. Couvillon has determined that the proposed rule will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
PUBLIC BENEFITS
Mr. Couvillon also has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit of delaying the date for implementation will be the increased time the public and Industrialized Manufacturers and Builders will have to ensure compliance with the 2021 International Building Codes and the 2020 National Electrical Code and their amendments.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL
Mr. Couvillon has determined that for each year of the first five-year period the proposed rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURALCOMMUNITIES
There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rule. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
The proposed rule does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT
Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rule will be in effect, the agency has determined the following:
1. The proposed rule does not create or eliminate a government program.
2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rule does not require an increase or decrease in fees paid to the agency.
5. The proposed rules does not create a new regulation.
6. The proposed rule does not expand, limit, or repeal an existing regulation.
7. The proposed rule does not increase or decrease the number of individuals subject to the rules' applicability.
8. The proposed rules does not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
The Department has determined that no private real property interests are affected by the proposed rule and the proposed rule does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS
Comments on the proposed rules may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/gcerules ; by facsimile to (512) 475-3032; or by mail to Shamica Mason, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY
The proposed rule is proposed under Texas Occupations Code, Chapters 51 and 1202, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rule are those set forth in Texas Occupations Code, Chapters 51 and 1202. No other statutes, articles, or codes are affected by the proposed rule.
§70.100.Mandatory Building Codes.
(a) Effective July 1, 2024 [April 1,
2024], all industrialized housing and buildings, modules, and
modular components, shall be constructed in accordance with the codes
referenced in subsection (c) - (j). The 2015 editions of the International
codes as identified in subsection (c) - (i), as well as the 2014 edition
of the National Electrical Code identified
in subsection (j), shall remain in effect through June 30, 2024 [March 31, 2024]. All work permitted or started before July
1, 2024 [April 1, 2024], may be completed with the
2015 editions of the International codes and the 2014 edition of the National Electrical Code.
(b) - (k) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 22, 2024.
TRD-202401257
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: May 5, 2024
For further information, please call: (512) 463-7750