Bill Text: TX SB1090 | 2021-2022 | 87th Legislature | Enrolled
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-Enrolled.html
S.B. No. 1090 |
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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. | ||
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; [ |
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(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. | ||
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. Section 212.151, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 212.151. MUNICIPALITY COVERED BY SUBCHAPTER. This | ||
subchapter applies only to a municipality: | ||
(1) with a population of 1.5 million or more that | ||
passes an ordinance that requires uniform application and | ||
enforcement of this subchapter with regard to all property and | ||
residents; | ||
(2) with a population of less than 4,000 that: | ||
(A) is located in two counties, one of which has a | ||
population greater than 45,000; and | ||
(B) borders Lake Lyndon B. Johnson; or | ||
(3) [ |
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ordinances and passes an ordinance that requires uniform | ||
application and enforcement of this subchapter with regard to all | ||
property and residents. | ||
SECTION 4. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1090 passed the Senate on | ||
May 11, 2021, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1090 passed the House on | ||
May 26, 2021, by the following vote: Yeas 139, Nays 8, two present | ||
not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |