TITLE: Relating to the regulation of building products by governmental entities.

SUMMARY: Relating to the regulation of building products by governmental entities.

FULL TEXT:
AN ACT relating to the regulation of building products by governmental entities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Chapter 3000, Government Code, is amended to read as follows: CHAPTER 3000. GOVERNMENTAL ACTION AFFECTING RESIDENTIAL [AND COMMERCIAL] CONSTRUCTION SECTION 2. Sections 3000.002(a) and (b), Government Code, are amended to read as follows: (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)].SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.