By: Phelan, et al. (Senate Sponsor - Buckingham) H.B. No. 2439
         (In the Senate - Received from the House April 30, 2019;
  May 8, 2019, read first time and referred to Committee on Business &
  Commerce; May 16, 2019, reported favorably by the following vote:  
  Yeas 6, Nays 1; May 16, 2019, 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 or renovation of residential or commercial buildings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 10, Government Code, is amended by adding
  Subtitle Z to read as follows:
  SUBTITLE Z. MISCELLANEOUS PROVISIONS PROHIBITING CERTAIN
  GOVERNMENTAL ACTIONS
  CHAPTER 3000. GOVERNMENTAL ACTION AFFECTING RESIDENTIAL AND
  COMMERCIAL CONSTRUCTION
         Sec. 3000.001.  DEFINITIONS. In this chapter:
               (1)  "National model code" has the meaning assigned by
  Section 214.217, Local Government Code.
               (2)  "Governmental entity" has the meaning assigned by
  Section 2007.002.
         Sec. 3000.002.  CERTAIN REGULATIONS REGARDING BUILDING
  PRODUCTS, MATERIALS, OR METHODS PROHIBITED.  (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
  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 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.
         (b)  A governmental entity that adopts a building code
  governing the construction, renovation, maintenance, or other
  alteration of a residential or commercial building may amend a
  provision of the building code to conform to local concerns if the
  amendment does not conflict with Subsection (a).
         (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:
                     (A)  regulates outdoor lighting for the purpose of
  reducing light pollution; and
                     (B)  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;
               (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.
         (d)  A municipality that is not a municipality described by
  Subsection (c)(3)(A) or (B) may adopt or enforce a regulation
  described by Subsection (a) that applies to a building located in a
  place or area 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
  consent from the building owner.
         (e)  A rule, charter provision, ordinance, order, building
  code, or other regulation adopted by a governmental entity that
  conflicts with this section is void.
         Sec. 3000.003.  INJUNCTION. (a) The attorney general or an
  aggrieved party may file an action in district court to enjoin a
  violation or threatened violation of Section 3000.002.
         (b)  The court may grant appropriate relief.
         (c)  The attorney general may recover reasonable attorney's
  fees and costs incurred in bringing an action under this section.
         (d)  Sovereign and governmental immunity to suit is waived
  and abolished only to the extent necessary to enforce this chapter.
         Sec. 3000.004.  OTHER PROVISIONS NOT AFFECTED.  This chapter
  does not affect provisions regarding 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.
         Sec. 3000.005.  SEVERABILITY. If any provision of a rule,
  charter provision, ordinance, order, building code, or other
  regulation described by Section 3000.002(a) is held invalid under
  this chapter, the invalidity does not affect other provisions or
  applications of the rule, charter provision, ordinance, order,
  building code, or other regulation that can be given effect without
  the invalid provision or application, and to this end the
  provisions of the rule, charter provision, ordinance, order,
  building code, or other regulation are severable.
         SECTION 2.  This Act takes effect September 1, 2019.
 
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