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A BILL TO BE ENTITLED
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AN ACT
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relating to certain regulations adopted by governmental entities |
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regarding land use restrictions and building products, materials, |
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or methods used in the construction or renovation of residential or |
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commercial buildings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3000.002(c), Government Code, is amended |
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to read as follows: |
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(c) This section does not apply to: |
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(1) a program established by a state agency that |
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requires particular standards, incentives, or financing |
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arrangements in order to comply with requirements of a state or |
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federal funding source or housing program; |
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(2) a requirement for a building necessary to consider |
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the building eligible for windstorm and hail insurance coverage |
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under Chapter 2210, Insurance Code; |
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(3) an ordinance or other regulation that regulates |
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outdoor lighting that is adopted for the purpose of reducing light |
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pollution and that: |
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(A) is adopted by a governmental entity that is |
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certified as a Dark Sky Community by the International Dark-Sky |
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Association as part of the International Dark Sky Places Program; |
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[or] |
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(B) is adopted by a governmental entity that has |
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adopted a resolution stating the entity's intent to become |
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certified as a Dark Sky Community by the International Dark-Sky |
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Association as part of the International Dark Sky Places Program |
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and does not regulate outdoor lighting in a manner that is more |
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restrictive than the prohibitions or limitations required to become |
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certified as a Dark Sky Community; or |
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(C) applies to outdoor lighting within five miles |
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of the boundary of a military base in which an active training |
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program is conducted; |
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(4) an ordinance or order that: |
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(A) regulates outdoor lighting; and |
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(B) is adopted under Subchapter B, Chapter 229, |
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Local Government Code, or Subchapter B, Chapter 240, Local |
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Government Code; |
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(5) a building located in a place or area designated |
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for its historical, cultural, or architectural importance and |
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significance that a municipality may regulate under Section |
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211.003(b), Local Government Code, if the municipality: |
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(A) is a certified local government under the |
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National Historic Preservation Act (54 U.S.C. Section 300101 et |
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seq.); or |
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(B) has an applicable landmark ordinance that |
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meets the requirements under the certified local government program |
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as determined by the Texas Historical Commission; |
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(6) a building located in a place or area designated |
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for its historical, cultural, or architectural importance and |
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significance by a governmental entity, if designated before April |
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1, 2019; |
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(7) a building located in an area designated as a |
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historic district on the National Register of Historic Places; |
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(8) a building designated as a Recorded Texas Historic |
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Landmark; |
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(9) a building designated as a State Archeological |
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Landmark or State Antiquities Landmark; |
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(10) a building listed on the National Register of |
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Historic Places or designated as a landmark by a governmental |
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entity; |
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(11) a building located in a World Heritage Buffer |
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Zone; [and] |
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(12) a building located in an area designated for |
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development, restoration, or preservation in a main street city |
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under the main street program established under Section 442.014; |
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(13) a standard for a plumbing product required by an |
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ordinance or other regulation implementing a water conservation |
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plan or program described by Section 11.1271 or 13.146, Water Code; |
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and |
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(14) a standard for a plumbing product imposed by the |
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Texas Water Development Board as a condition of applying for or |
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receiving financial assistance under a program administered by the |
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board. |
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SECTION 2. Section 3000.004, Government Code, is amended to |
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read as follows: |
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Sec. 3000.004. OTHER PROVISIONS NOT AFFECTED. This chapter |
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does not affect provisions regarding: |
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(1) the installation of a fire sprinkler protection |
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system under Section 1301.551(i), Occupations Code, or Section |
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775.045(a)(1), Health and Safety Code; or |
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(2) the enforcement of land use restrictions contained |
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in plats and other instruments under Subchapter F, Chapter 212, |
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Local Government Code. |
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SECTION 3. Section 212.151, Local Government Code, is |
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amended to read as follows: |
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Sec. 212.151. MUNICIPALITY COVERED BY SUBCHAPTER. This |
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subchapter applies only to a municipality: |
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(1) with a population of 1.5 million or more that |
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passes an ordinance that requires uniform application and |
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enforcement of this subchapter with regard to all property and |
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residents; |
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(2) with a population of less than 4,000 that: |
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(A) is located in two counties, one of which has a |
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population greater than 45,000; and |
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(B) borders Lake Lyndon B. Johnson; or |
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(3) [to a municipality] that does not have zoning |
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ordinances and passes an ordinance that requires uniform |
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application and enforcement of this subchapter with regard to all |
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property and residents. |
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SECTION 4. This Act takes effect September 1, 2021. |