Bill Text: TX SB1090 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain regulations adopted by governmental entities regarding land use restrictions and building products, materials, or methods used in the construction or renovation of residential or commercial buildings.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-14 - Effective on 9/1/21 [SB1090 Detail]
Download: Texas-2021-SB1090-Introduced.html
Bill Title: Relating to certain regulations adopted by governmental entities regarding land use restrictions and building products, materials, or methods used in the construction or renovation of residential or commercial buildings.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-14 - Effective on 9/1/21 [SB1090 Detail]
Download: Texas-2021-SB1090-Introduced.html
87R6570 MP-F | ||
By: Buckingham | S.B. No. 1090 |
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relating to certain regulations adopted by governmental entities | ||
regarding 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. Section 3000.002(c), Government Code, is amended | ||
to read 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; | ||
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(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; 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. | ||
SECTION 2. Section 3000.004, Government Code, is amended to | ||
read as follows: | ||
Sec. 3000.004. OTHER PROVISIONS NOT AFFECTED. This chapter | ||
does not affect provisions regarding: | ||
(1) 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; or | ||
(2) the enforcement of land use restrictions contained | ||
in plats and other instruments under Subchapter F, Chapter 212, | ||
Local Government Code. | ||
SECTION 3. This Act takes effect September 1, 2021. |