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Relating to procedures for
a municipality to adopt or amend a national model building code.
No fiscal implication to the State is anticipated.
SB 1679 would amend Chapter 214 (Municipal Regulation of
Housing and Other Structures) of the Local Government Code. Specifically, this
legislation would require the governing body of a municipality to hold two
public hearings on proposed changes to the national model code (NMC).
Before a municipal governing body would adopt or amend an
NMC, it would first have to conduct a cost-benefit analysis of the effects the
proposed changes would have to the local economy, tax revenue, net growth in a
new development, and the additional cost per unit of development.
Moreover, if a proposed amendment addresses a health and
safety issue the governing body would have to present scientific evidence of
the probability that the health a safety issue will occur and it must present
scientific evidence on the probability that the proposed amendment would remedy
the issue.
The NMC is a series of international and national uniform standards
for best practices in construction and design. Chapter 214 establishes the NMC
in the Local Government Code. Local governments may amend this model by tailoring
it to its respective jurisdiction, however, as the author’s statement of intent
says, “changes to these guidelines can have significant economic impacts on
businesses, builders, homebuyers, and those who lease commercial and
residential space.”
Although some of these changes bring negligible benefits,
the unintended consequence is usually in the form of higher compliance costs. It
is critical for all government entities to justify the changes they propose
because these changes can pose a significant economic impact, which ultimately
hurts the pocket books of people in the community.
We support SB 1679 because it maintains the proper role of
government by requiring local municipalities to run a cost-benefit analysis so
that they understand the fiscal ramifications of any proposed building code modifications.