| 1 | 1 | | 87R6847 SMT-F |
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| 2 | 2 | | By: Gutierrez S.B. No. 1023 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a governmental entity to impose a |
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| 8 | 8 | | regulation governing the use of building products, materials, or |
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| 9 | 9 | | methods that relates to water conservation. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 3000.002(c), Government Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (c) This section does not apply to: |
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| 14 | 14 | | (1) a program established by a state agency that |
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| 15 | 15 | | requires particular standards, incentives, or financing |
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| 16 | 16 | | arrangements in order to comply with requirements of a state or |
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| 17 | 17 | | federal funding source or housing program; |
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| 18 | 18 | | (2) a requirement for a building necessary to consider |
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| 19 | 19 | | the building eligible for windstorm and hail insurance coverage |
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| 20 | 20 | | under Chapter 2210, Insurance Code; |
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| 21 | 21 | | (3) an ordinance or other regulation that regulates |
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| 22 | 22 | | outdoor lighting that is adopted for the purpose of reducing light |
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| 23 | 23 | | pollution and that: |
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| 24 | 24 | | (A) is adopted by a governmental entity that is |
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| 25 | 25 | | certified as a Dark Sky Community by the International Dark-Sky |
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| 26 | 26 | | Association as part of the International Dark Sky Places Program; |
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| 27 | 27 | | or |
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| 28 | 28 | | (B) applies to outdoor lighting within five miles |
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| 29 | 29 | | of the boundary of a military base in which an active training |
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| 30 | 30 | | program is conducted; |
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| 31 | 31 | | (4) an ordinance or order that: |
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| 32 | 32 | | (A) regulates outdoor lighting; and |
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| 33 | 33 | | (B) is adopted under Subchapter B, Chapter 229, |
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| 34 | 34 | | Local Government Code, or Subchapter B, Chapter 240, Local |
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| 35 | 35 | | Government Code; |
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| 36 | 36 | | (5) a building located in a place or area designated |
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| 37 | 37 | | for its historical, cultural, or architectural importance and |
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| 38 | 38 | | significance that a municipality may regulate under Section |
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| 39 | 39 | | 211.003(b), Local Government Code, if the municipality: |
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| 40 | 40 | | (A) is a certified local government under the |
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| 41 | 41 | | National Historic Preservation Act (54 U.S.C. Section 300101 et |
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| 42 | 42 | | seq.); or |
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| 43 | 43 | | (B) has an applicable landmark ordinance that |
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| 44 | 44 | | meets the requirements under the certified local government program |
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| 45 | 45 | | as determined by the Texas Historical Commission; |
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| 46 | 46 | | (6) a building located in a place or area designated |
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| 47 | 47 | | for its historical, cultural, or architectural importance and |
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| 48 | 48 | | significance by a governmental entity, if designated before April |
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| 49 | 49 | | 1, 2019; |
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| 50 | 50 | | (7) a building located in an area designated as a |
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| 51 | 51 | | historic district on the National Register of Historic Places; |
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| 52 | 52 | | (8) a building designated as a Recorded Texas Historic |
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| 53 | 53 | | Landmark; |
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| 54 | 54 | | (9) a building designated as a State Archeological |
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| 55 | 55 | | Landmark or State Antiquities Landmark; |
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| 56 | 56 | | (10) a building listed on the National Register of |
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| 57 | 57 | | Historic Places or designated as a landmark by a governmental |
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| 58 | 58 | | entity; |
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| 59 | 59 | | (11) a building located in a World Heritage Buffer |
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| 60 | 60 | | Zone; [and] |
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| 61 | 61 | | (12) a building located in an area designated for |
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| 62 | 62 | | development, restoration, or preservation in a main street city |
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| 63 | 63 | | under the main street program established under Section 442.014; |
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| 64 | 64 | | (13) a product, material, or standard required by an |
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| 65 | 65 | | ordinance or other regulation implementing a water conservation |
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| 66 | 66 | | plan or program described by Section 11.1271 or 13.146, Water Code; |
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| 67 | 67 | | and |
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| 68 | 68 | | (14) a requirement imposed by the Texas Water |
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| 69 | 69 | | Development Board as a condition of applying for or receiving |
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| 70 | 70 | | financial assistance under a program administered by the board. |
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| 71 | 71 | | SECTION 2. This Act takes effect immediately if it receives |
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| 72 | 72 | | a vote of two-thirds of all the members elected to each house, as |
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| 73 | 73 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 74 | 74 | | Act does not receive the vote necessary for immediate effect, this |
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| 75 | 75 | | Act takes effect September 1, 2021. |
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