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.