1 | 1 | | 89R12556 CS-F |
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2 | 2 | | By: Reynolds H.B. No. 3299 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the regulation of building products by governmental |
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10 | 10 | | entities. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. The heading to Chapter 3000, Government Code, is |
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13 | 13 | | amended to read as follows: |
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14 | 14 | | CHAPTER 3000. GOVERNMENTAL ACTION AFFECTING RESIDENTIAL [AND |
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15 | 15 | | COMMERCIAL] CONSTRUCTION |
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16 | 16 | | SECTION 2. Sections 3000.002(a) and (b), Government Code, |
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17 | 17 | | are amended to read as follows: |
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18 | 18 | | (a) Notwithstanding any other law and except as provided by |
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19 | 19 | | Subsection (d), a governmental entity may not adopt or enforce a |
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20 | 20 | | rule, charter provision, ordinance, order, building code, or other |
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21 | 21 | | regulation that: |
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22 | 22 | | (1) prohibits or limits, directly or indirectly, the |
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23 | 23 | | use or installation of a building product or material in the |
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24 | 24 | | construction, renovation, maintenance, or other alteration of a |
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25 | 25 | | residential [or commercial] building if the building product or |
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26 | 26 | | material is approved for use by a national model code published |
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27 | 27 | | within the last three code cycles that applies to the construction, |
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28 | 28 | | renovation, maintenance, or other alteration of the building; or |
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29 | 29 | | (2) establishes a standard for a building product, |
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30 | 30 | | material, or aesthetic method in construction, renovation, |
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31 | 31 | | maintenance, or other alteration of a residential [or commercial] |
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32 | 32 | | building if the standard is more stringent than a standard for the |
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33 | 33 | | product, material, or aesthetic method under a national model code |
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34 | 34 | | published within the last three code cycles that applies to the |
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35 | 35 | | construction, renovation, maintenance, or other alteration of the |
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36 | 36 | | building. |
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37 | 37 | | (b) A governmental entity that adopts a building code |
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38 | 38 | | governing the construction, renovation, maintenance, or other |
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39 | 39 | | alteration of a residential [or commercial] building may amend a |
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40 | 40 | | provision of the building code to conform to local concerns [if the |
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41 | 41 | | amendment does not conflict with Subsection (a)]. |
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42 | 42 | | SECTION 3. This Act takes effect immediately if it receives |
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43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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46 | 46 | | Act takes effect September 1, 2025. |
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