88R13464 DRS-F
By: Gates H.B. No. 4294
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 buildings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 3000.002(a), (c), and (d), Government
Code, are amended to read as follows:
(a) Notwithstanding any other law and except as provided by
Subsection (d), a governmental entity may not adopt or enforce a
rule, charter provision, ordinance, order, building code, or other
regulation, require a landowner to record a restrictive covenant,
or enter into an agreement that:
(1) prohibits or limits, directly or indirectly, the
use or installation of a building product or material in the
construction, renovation, maintenance, or other alteration of a
residential or commercial building if the building product or
material is approved for use by a national model code published
within the last three code cycles that applies to the construction,
renovation, maintenance, or other alteration of the building; or
(2) establishes a standard for a building product,
material, or aesthetic method, including any architectural or
building design requirement, in construction, renovation,
maintenance, or other alteration of a residential or commercial
building if the standard is more stringent than a standard for the
product, material, or aesthetic method under a national model code
published within the last three code cycles that applies to the
construction, renovation, maintenance, or other alteration of the
building.
(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) an existing building or a building located in an
existing development [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 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.
(d) A municipality that is not a municipality described by
Subsection (c)(5)(A) or (B) may adopt or enforce a regulation
described by Subsection (a) that applies to an existing building or
a building located in an existing development [a place or area]
designated on or after April 1, 2019, by the municipality for its
historical, cultural, or architectural importance and
significance, if the municipality has the voluntary written consent
from the building owner.
SECTION 2. Section 3000.003(c), Government Code, is amended
to read as follows:
(c) The attorney general or aggrieved party may recover
reasonable attorney's fees and costs incurred in bringing an action
under this section.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.