S.B. No. 1090
AN ACT
relating to certain regulations adopted by governmental entities
regarding land use restrictions and building products, materials,
or methods used in the construction or renovation of residential or
commercial buildings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3000.002(c), Government Code, is amended
to read as follows:
(c) This section does not apply to:
(1) a program established by a state agency that
requires particular standards, incentives, or financing
arrangements in order to comply with requirements of a state or
federal funding source or housing program;
(2) a requirement for a building necessary to consider
the building eligible for windstorm and hail insurance coverage
under Chapter 2210, Insurance Code;
(3) an ordinance or other regulation that regulates
outdoor lighting that is adopted for the purpose of reducing light
pollution and that:
(A) is adopted by a governmental entity that is
certified as a Dark Sky Community by the International Dark-Sky
Association as part of the International Dark Sky Places Program;
[or]
(B) is adopted by a governmental entity that has
adopted a resolution stating the entity's intent to become
certified as a Dark Sky Community by the International Dark-Sky
Association as part of the International Dark Sky Places Program
and does not regulate outdoor lighting in a manner that is more
restrictive than the prohibitions or limitations required to become
certified as a Dark Sky Community; or
(C) applies to outdoor lighting within five miles
of the boundary of a military base in which an active training
program is conducted;
(4) an ordinance or order that:
(A) regulates outdoor lighting; and
(B) is adopted under Subchapter B, Chapter 229,
Local Government Code, or Subchapter B, Chapter 240, Local
Government Code;
(5) a building located in a place or area designated
for its historical, cultural, or architectural importance and
significance that a municipality may regulate under Section
211.003(b), Local Government Code, if the municipality:
(A) is a certified local government under the
National Historic Preservation Act (54 U.S.C. Section 300101 et
seq.); or
(B) has an applicable landmark ordinance that
meets the requirements under the certified local government program
as determined by the Texas Historical Commission;
(6) a building located in a place or area designated
for its historical, cultural, or architectural importance and
significance by a governmental entity, if designated before April
1, 2019;
(7) a building located in an area designated as a
historic district on the National Register of Historic Places;
(8) a building designated as a Recorded Texas Historic
Landmark;
(9) a building designated as a State Archeological
Landmark or State Antiquities Landmark;
(10) a building listed on the National Register of
Historic Places or designated as a landmark by a governmental
entity;
(11) a building located in a World Heritage Buffer
Zone; [and]
(12) a building located in an area designated for
development, restoration, or preservation in a main street city
under the main street program established under Section 442.014;
(13) a standard for a plumbing product required by an
ordinance or other regulation implementing a water conservation
plan or program described by Section 11.1271 or 13.146, Water Code;
and
(14) a standard for a plumbing product imposed by the
Texas Water Development Board as a condition of applying for or
receiving financial assistance under a program administered by the
board.
SECTION 2. Section 3000.004, Government Code, is amended to
read as follows:
Sec. 3000.004. OTHER PROVISIONS NOT AFFECTED. This chapter
does not affect provisions regarding:
(1) the installation of a fire sprinkler protection
system under Section 1301.551(i), Occupations Code, or Section
775.045(a)(1), Health and Safety Code; or
(2) the enforcement of land use restrictions contained
in plats and other instruments under Subchapter F, Chapter 212,
Local Government Code.
SECTION 3. Section 212.151, Local Government Code, is
amended to read as follows:
Sec. 212.151. MUNICIPALITY COVERED BY SUBCHAPTER. This
subchapter applies only to a municipality:
(1) with a population of 1.5 million or more that
passes an ordinance that requires uniform application and
enforcement of this subchapter with regard to all property and
residents;
(2) with a population of less than 4,000 that:
(A) is located in two counties, one of which has a
population greater than 45,000; and
(B) borders Lake Lyndon B. Johnson; or
(3) [to a municipality] that does not have zoning
ordinances and passes an ordinance that requires uniform
application and enforcement of this subchapter with regard to all
property and residents.
SECTION 4. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1090 passed the Senate on
May 11, 2021, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1090 passed the House on
May 26, 2021, by the following vote: Yeas 139, Nays 8, two present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor