By: Menéndez  S.B. No. 2453
         (In the Senate - Filed March 10, 2023; March 23, 2023, read
  first time and referred to Committee on Business & Commerce;
  April 26, 2023, reported favorably by the following vote:  Yeas 7,
  Nays 4; April 26, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  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.  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;
                     (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;
               (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;
               (15)  an energy code as adopted by the State Energy
  Conservation Office under Section 388.003(a) or (b), Health and
  Safety Code;
               (16)  an energy and water conservation design standard
  established by the State Energy Conservation Office under Section
  447.004; and
               (17)  a high-performance building standard approved by
  a board of regents under Section 55.115, Education Code.
         SECTION 2.  This Act takes effect September 1, 2023.
 
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