Bill Text: TX HB2439 | 2019-2020 | 86th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain regulations adopted by governmental entities for the building products, materials, or methods used in the construction or renovation of residential or commercial buildings.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2439 Detail]
Download: Texas-2019-HB2439-Engrossed.html
Bill Title: Relating to certain regulations adopted by governmental entities for the building products, materials, or methods used in the construction or renovation of residential or commercial buildings.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2439 Detail]
Download: Texas-2019-HB2439-Engrossed.html
By: Phelan, Rodriguez, Collier, Schaefer | H.B. No. 2439 |
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relating to certain regulations adopted by governmental entities | ||
for the 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. Title 10, Government Code, is amended by adding | ||
Subtitle Z to read as follows: | ||
SUBTITLE Z. MISCELLANEOUS PROVISIONS PROHIBITING CERTAIN | ||
GOVERNMENTAL ACTIONS | ||
CHAPTER 3000. GOVERNMENTAL ACTION AFFECTING RESIDENTIAL AND | ||
COMMERCIAL CONSTRUCTION | ||
Sec. 3000.001. DEFINITIONS. In this chapter: | ||
(1) "National model code" has the meaning assigned by | ||
Section 214.217, Local Government Code. | ||
(2) "Governmental entity" has the meaning assigned by | ||
Section 2007.002. | ||
Sec. 3000.002. CERTAIN REGULATIONS REGARDING BUILDING | ||
PRODUCTS, MATERIALS, OR METHODS PROHIBITED. (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 | ||
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 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. | ||
(b) A governmental entity that adopts a building code | ||
governing the construction, renovation, maintenance, or other | ||
alteration of a residential or commercial building may amend a | ||
provision of the building code to conform to local concerns if the | ||
amendment does not conflict with Subsection (a). | ||
(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: | ||
(A) regulates outdoor lighting for the purpose of | ||
reducing light pollution; and | ||
(B) 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; | ||
(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. | ||
(d) A municipality that is not a municipality described by | ||
Subsection (c)(3)(A) or (B) may adopt or enforce a regulation | ||
described by Subsection (a) that applies to a building located in 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 | ||
consent from the building owner. | ||
(e) A rule, charter provision, ordinance, order, building | ||
code, or other regulation adopted by a governmental entity that | ||
conflicts with this section is void. | ||
Sec. 3000.003. INJUNCTION. (a) The attorney general or an | ||
aggrieved party may file an action in district court to enjoin a | ||
violation or threatened violation of Section 3000.002. | ||
(b) The court may grant appropriate relief. | ||
(c) The attorney general may recover reasonable attorney's | ||
fees and costs incurred in bringing an action under this section. | ||
(d) Sovereign and governmental immunity to suit is waived | ||
and abolished only to the extent necessary to enforce this chapter. | ||
Sec. 3000.004. OTHER PROVISIONS NOT AFFECTED. This chapter | ||
does not affect provisions regarding 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. | ||
Sec. 3000.005. SEVERABILITY. If any provision of a rule, | ||
charter provision, ordinance, order, building code, or other | ||
regulation described by Section 3000.002(a) is held invalid under | ||
this chapter, the invalidity does not affect other provisions or | ||
applications of the rule, charter provision, ordinance, order, | ||
building code, or other regulation that can be given effect without | ||
the invalid provision or application, and to this end the | ||
provisions of the rule, charter provision, ordinance, order, | ||
building code, or other regulation are severable. | ||
SECTION 2. This Act takes effect September 1, 2019. |