86R4252 JCG-F
By: Phelan H.B. No. 2439
A BILL TO BE ENTITLED
AN ACT
relating to certain regulations adopted by governmental entities
for the building products, materials, or methods used in the
construction of residential or commercial structures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 10, Government Code, is amended by adding
Subtitle Z to read as follows:
SUBTITLE Z. MISCELLANEOUS PROVISIONS PROHIBITING CERTAIN
GOVERNMENTAL ACTIONS
CHAPTER 3000. GOVERNMENTAL ACTION AFFECTING RESIDENTIAL AND
COMMERCIAL CONSTRUCTION
Sec. 3000.001. DEFINITIONS. In this chapter:
(1) "National model code" has the meaning assigned by
Section 214.217, Local Government Code.
(2) "Governmental entity" has the meaning assigned by
Section 2007.002.
Sec. 3000.002. CERTAIN REGULATIONS REGARDING BUILDING
PRODUCTS, MATERIALS, OR METHODS PROHIBITED. (a) Notwithstanding
any other law, a governmental entity may not adopt or enforce a
rule, charter provision, ordinance, order, or other regulation that
prohibits, directly or indirectly, the use of a building product,
material, or method in the construction, renovation, maintenance,
or other alteration of a residential or commercial structure if the
building product, material, or method is approved for use by a
national model code that:
(1) is adopted by the governmental entity; and
(2) governs the construction, renovation, use, or
maintenance of buildings and building systems.
(b) A rule, charter provision, ordinance, order, or other
regulation adopted by a governmental entity that conflicts with
this section is void.
Sec. 3000.003. INJUNCTION. (a) The attorney general may
bring an action in the name of the state to enjoin a violation of
this chapter.
(b) The attorney general may recover reasonable attorney's
fees and costs incurred in bringing an action under this section.
SECTION 2. This Act takes effect September 1, 2019.