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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of building products by governmental |
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entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 3000, Government Code, is |
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amended to read as follows: |
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CHAPTER 3000. GOVERNMENTAL ACTION AFFECTING RESIDENTIAL [AND |
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COMMERCIAL] CONSTRUCTION |
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SECTION 2. Sections 3000.002(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) Notwithstanding any other law and except as provided by |
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Subsection (d), a governmental entity may not adopt or enforce a |
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rule, charter provision, ordinance, order, building code, or other |
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regulation that: |
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(1) prohibits or limits, directly or indirectly, the |
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use or installation of a building product or material in the |
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construction, renovation, maintenance, or other alteration of a |
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residential [or commercial] building if the building product or |
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material is approved for use by a national model code published |
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within the last three code cycles that applies to the construction, |
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renovation, maintenance, or other alteration of the building; or |
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(2) establishes a standard for a building product, |
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material, or aesthetic method in construction, renovation, |
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maintenance, or other alteration of a residential [or commercial] |
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building if the standard is more stringent than a standard for the |
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product, material, or aesthetic method under a national model code |
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published within the last three code cycles that applies to the |
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construction, renovation, maintenance, or other alteration of the |
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building. |
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(b) A governmental entity that adopts a building code |
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governing the construction, renovation, maintenance, or other |
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alteration of a residential [or commercial] building may amend a |
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provision of the building code to conform to local concerns [if the |
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amendment does not conflict with Subsection (a)]. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |