By: Howard H.B. No. 3959
A BILL TO BE ENTITLED
AN ACT
relating to certain regulations and taxes utilized by governmental
entities for construction and tourism.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sec. 3000.02(c), Government Code, is amended 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;
(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;
(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 building other than a single-family residential
property located in a municipality with a population of less than
20,000;
[(13)] (14) 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)] (15) 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 351.101, Tax Code, is amended by adding
Subsection (t) as follows:
(t) In addition to the purposes provided by Subsection (a),
a municipality with a population less than 20,000 may use revenue
from the municipal hotel occupancy tax to promote tourism and the
convention and hotel industry by the enhancement and upgrading of a
water or wastewater system that provides services to facilities
that attract tourism in the municipality.
SECTION 3. This Act takes effect September 1, 2023.