Texas 2021 - 87th Regular

Texas Senate Bill SB1090 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1090
	1	+	By: Buckingham S.B. No. 1090
	2	+	(Murr)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to certain regulations adopted by governmental entities
6	8		regarding land use restrictions and building products, materials,
7	9		or methods used in the construction or renovation of residential or
8	10		commercial buildings.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 3000.002(c), Government Code, is amended
11	13		to read as follows:
12	14		(c) This section does not apply to:
13	15		(1) a program established by a state agency that
14	16		requires particular standards, incentives, or financing
15	17		arrangements in order to comply with requirements of a state or
16	18		federal funding source or housing program;
17	19		(2) a requirement for a building necessary to consider
18	20		the building eligible for windstorm and hail insurance coverage
19	21		under Chapter 2210, Insurance Code;
20	22		(3) an ordinance or other regulation that regulates
21	23		outdoor lighting that is adopted for the purpose of reducing light
22	24		pollution and that:
23	25		(A) is adopted by a governmental entity that is
24	26		certified as a Dark Sky Community by the International Dark-Sky
25	27		Association as part of the International Dark Sky Places Program;
26	28		[or]
27	29		(B) is adopted by a governmental entity that has
28	30		adopted a resolution stating the entity's intent to become
29	31		certified as a Dark Sky Community by the International Dark-Sky
30	32		Association as part of the International Dark Sky Places Program
31	33		and does not regulate outdoor lighting in a manner that is more
32	34		restrictive than the prohibitions or limitations required to become
33	35		certified as a Dark Sky Community; or
34	36		(C) applies to outdoor lighting within five miles
35	37		of the boundary of a military base in which an active training
36	38		program is conducted;
37	39		(4) an ordinance or order that:
38	40		(A) regulates outdoor lighting; and
39	41		(B) is adopted under Subchapter B, Chapter 229,
40	42		Local Government Code, or Subchapter B, Chapter 240, Local
41	43		Government Code;
42	44		(5) a building located in a place or area designated
43	45		for its historical, cultural, or architectural importance and
44	46		significance that a municipality may regulate under Section
45	47		211.003(b), Local Government Code, if the municipality:
46	48		(A) is a certified local government under the
47	49		National Historic Preservation Act (54 U.S.C. Section 300101 et
48	50		seq.); or
49	51		(B) has an applicable landmark ordinance that
50	52		meets the requirements under the certified local government program
51	53		as determined by the Texas Historical Commission;
52	54		(6) a building located in a place or area designated
53	55		for its historical, cultural, or architectural importance and
54	56		significance by a governmental entity, if designated before April
55	57		1, 2019;
56	58		(7) a building located in an area designated as a
57	59		historic district on the National Register of Historic Places;
58	60		(8) a building designated as a Recorded Texas Historic
59	61		Landmark;
60	62		(9) a building designated as a State Archeological
61	63		Landmark or State Antiquities Landmark;
62	64		(10) a building listed on the National Register of
63	65		Historic Places or designated as a landmark by a governmental
64	66		entity;
65	67		(11) a building located in a World Heritage Buffer
66	68		Zone; [and]
67	69		(12) a building located in an area designated for
68	70		development, restoration, or preservation in a main street city
69	71		under the main street program established under Section 442.014;
70	72		(13) a standard for a plumbing product required by an
71	73		ordinance or other regulation implementing a water conservation
72	74		plan or program described by Section 11.1271 or 13.146, Water Code;
73	75		and
74	76		(14) a standard for a plumbing product imposed by the
75	77		Texas Water Development Board as a condition of applying for or
76	78		receiving financial assistance under a program administered by the
77	79		board.
78	80		SECTION 2. Section 3000.004, Government Code, is amended to
79	81		read as follows:
80	82		Sec. 3000.004. OTHER PROVISIONS NOT AFFECTED. This chapter
81	83		does not affect provisions regarding:
82	84		(1) the installation of a fire sprinkler protection
83	85		system under Section 1301.551(i), Occupations Code, or Section
84	86		775.045(a)(1), Health and Safety Code; or
85	87		(2) the enforcement of land use restrictions contained
86	88		in plats and other instruments under Subchapter F, Chapter 212,
87	89		Local Government Code.
88	90		SECTION 3. Section 212.151, Local Government Code, is
89	91		amended to read as follows:
90	92		Sec. 212.151. MUNICIPALITY COVERED BY SUBCHAPTER. This
91	93		subchapter applies only to a municipality:
92	94		(1) with a population of 1.5 million or more that
93	95		passes an ordinance that requires uniform application and
94	96		enforcement of this subchapter with regard to all property and
95	97		residents;
96	98		(2) with a population of less than 4,000 that:
97	99		(A) is located in two counties, one of which has a
98	100		population greater than 45,000; and
99	101		(B) borders Lake Lyndon B. Johnson; or
100	102		(3) [to a municipality] that does not have zoning
101	103		ordinances and passes an ordinance that requires uniform
102	104		application and enforcement of this subchapter with regard to all
103	105		property and residents.
104	106		SECTION 4. This Act takes effect September 1, 2021.
105		-	______________________________ ______________________________
106		-	President of the Senate Speaker of the House
107		-	I hereby certify that S.B. No. 1090 passed the Senate on
108		-	May 11, 2021, by the following vote: Yeas 30, Nays 0.
109		-	______________________________
110		-	Secretary of the Senate
111		-	I hereby certify that S.B. No. 1090 passed the House on
112		-	May 26, 2021, by the following vote: Yeas 139, Nays 8, two present
113		-	not voting.
114		-	______________________________
115		-	Chief Clerk of the House
116		-	Approved:
117		-	______________________________
118		-	Date
119		-	______________________________
120		-	Governor