Texas House Bill 3215, effective September 1, 2021, added the Home Energy Rating System (HERS) Index — based on ANSI/RESNET/ICC Standard 301 as it existed on January 1, 2021 — as a standalone, statewide energy code compliance pathway. Under Health and Safety Code §388.003(i)–(k), every Texas municipality must accept this pathway as an alternative to its locally adopted energy code, the same way ENERGY STAR certification is already hard-coded as an accepted alternative.
What HB 3215 Changed
Recognizes the HERS Index (ANSI/RESNET/ICC 301-2019) as a standalone, universal compliance pathway, independent of the IECC/IRC’s own Energy Rating Index.
Requires a qualifying HERS Index score, compliance with 2018 IECC mandatory provisions (Section R406.2), and thermal envelope performance at or above Table R402.1.2/R402.1.4 of the 2018 IECC.
Sets progressively stricter target HERS Index scores through 2028, with the pathway running through September 1, 2031.
Applies statewide “in lieu of the state energy code or any stretch code adopted by municipalities” — cities can’t opt out.
Target HERS Index Scores for Climate Zone 3 (El Paso)
Each home must score at or below a target HERS Index for its climate zone. El Paso and the Horizon City / Las Cruces corridor fall in Climate Zone 3:
Through 8/31/22: 63
9/1/22 – 8/31/25: 59
9/1/25 – 8/31/28: 57
On/after 9/1/28: 55
Does a Newer Local Code Adoption Override HB 3215?
No. A municipality adopting a newer IECC edition locally — for example, updating to the 2021 IECC — does not override the HB 3215 HERS Index pathway. Industry sources have confirmed this reading specifically in the context of Texas cities updating to the 2021 IECC: builders’ associations and energy raters note that cities must accept the HERS Index option regardless of which IECC version they’ve adopted locally, since it’s hard-coded into law the same way ENERGY STAR certification is. If a building department pushes back, the practical approach is to provide printed copies of Health & Safety Code §388.003(i)–(k) and RESNET’s HB 3215 FAQ, and escalate if needed.
Why Use a HERS Rating Beyond Code Compliance
Potential to reduce construction costs compared to prescriptive energy code compliance
Third-party verification of energy performance, which often reduces callbacks
Homes listed in the RESNET/Appraisal Institute Appraiser Portal, with potential for higher appraised value
Potential eligibility for the ENERGY STAR for Homes label
Ability to market a home’s environmental performance to buyers
Full rating data accessible through the RESNET National Registry
This is general reference information, not legal advice — verify current statute text and your local jurisdiction’s ordinance directly before relying on it in a compliance dispute. Need HERS testing for a project in El Paso or Southern New Mexico? Schedule an inspection.