Bill Text: TX HB4294 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to certain regulations adopted by governmental entities for the building products, materials, or methods used in the construction of residential or commercial buildings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to Land & Resource Management [HB4294 Detail]
Download: Texas-2023-HB4294-Introduced.html
88R13464 DRS-F | ||
By: Gates | H.B. No. 4294 |
|
||
|
||
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 [ |
||
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 [ |
||
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. |