Texas House Bill HB3312

Texas 2023 - 88th Regular

• Filed: 3/2/23

Caption

Relating to certain regulations adopted by governmental entities for the building products, materials, or methods used in the construction of residential or commercial buildings.

Impact

If enacted, HB3312 is expected to have a significant impact on state laws governing construction practices. The bill proposes amendments to existing governmental code sections, providing exemptions for certain regulations as they pertain to historical buildings, energy codes, and water conservation measures. Such changes could simplify the regulatory environment for builders while ensuring that specific standards are maintained where necessary, particularly in matters concerning historical significance and environmental considerations.

Summary

House Bill 3312 addresses the regulations imposed by governmental entities concerning the building products, materials, or methods used in the construction of residential and commercial buildings in Texas. This legislation intends to clarify existing regulations and delineate circumstances under which local governments may enforce additional standards. The bill attempts to balance the need for regulatory oversight with the flexibility required to adapt to various building contexts across different jurisdictions.

Sentiment

General sentiment around the bill seems to be cautiously optimistic among industry stakeholders, who recognize the potential for reduced bureaucratic hurdles and increased efficiency in the construction process. However, there may be concerns from advocacy groups about adequately protecting local interests and historically significant areas from being overshadowed by more lenient state regulations. The balance between facilitating construction and preserving local, historical, and environmental standards is likely to be a key point of discussion.

Contention

Notable points of contention regarding HB3312 may arise around the exemptions listed within the bill. Critics might argue that while the intent is to streamline processes, the legislation could inadvertently allow for a reduction in local control over important building standards, particularly those designed to protect historical areas or ensure environmental sustainability. The dialogue surrounding the bill will likely focus on ensuring that local entities retain enough authority to manage specific community needs effectively, while also addressing industry demands for less regulatory strain.

Texas Constitutional Statutes Affected

Government Code

• Chapter 3000. Governmental Action Affecting Residential And Commercial Construction
  • Section: 002

Insurance Code

• Chapter 2210. Texas Windstorm Insurance Association
  • Section: New Section

Local Government Code

• Chapter 229. Miscellaneous Regulatory Authority Of Municipalities
  • Section: New Section

• Chapter 240. Miscellaneous Regulatory Authority Of Counties
  • Section: New Section

Water Code

• Chapter 11. Water Rights
  • Section: 1271

• Chapter 13. Water Rates And Services
  • Section: 146

Health And Safety Code

• Chapter 388. Texas Building Energy Performance Standards
  • Section: New Section

Education Code

• Chapter 55. Financing Permanent Improvements
  • Section: 115