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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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for the building products, materials, or methods used in the |
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construction of residential or commercial structures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 10, Government Code, is amended by adding |
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Subtitle Z to read as follows: |
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SUBTITLE Z. MISCELLANEOUS PROVISIONS PROHIBITING CERTAIN |
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GOVERNMENTAL ACTIONS |
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CHAPTER 3000. GOVERNMENTAL ACTION AFFECTING RESIDENTIAL AND |
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COMMERCIAL CONSTRUCTION |
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Sec. 3000.001. DEFINITIONS. In this chapter: |
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(1) "National model code" has the meaning assigned by |
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Section 214.217, Local Government Code. |
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(2) "Governmental entity" has the meaning assigned by |
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Section 2007.002. |
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Sec. 3000.002. CERTAIN REGULATIONS REGARDING BUILDING |
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PRODUCTS, MATERIALS, OR METHODS PROHIBITED. (a) Notwithstanding |
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any other law, a governmental entity may not adopt or enforce a |
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rule, charter provision, ordinance, order, or other regulation that |
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prohibits, directly or indirectly, the use of a building product, |
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material, or method in the construction, renovation, maintenance, |
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or other alteration of a residential or commercial structure if the |
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building product, material, or method is approved for use by a |
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national model code that: |
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(1) is adopted by the governmental entity; and |
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(2) governs the construction, renovation, use, or |
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maintenance of buildings and building systems. |
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(b) A rule, charter provision, ordinance, order, or other |
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regulation adopted by a governmental entity that conflicts with |
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this section is void. |
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Sec. 3000.003. INJUNCTION. (a) The attorney general may |
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bring an action in the name of the state to enjoin a violation of |
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this chapter. |
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(b) The attorney general may recover reasonable attorney's |
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fees and costs incurred in bringing an action under this section. |
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SECTION 2. This Act takes effect September 1, 2019. |