bill narrowing the building products preemption to homes

The text as introduced · 343 words

89R12556 CS-F

By: Reynolds
H.B. No. 3299

A BILL TO BE ENTITLED

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. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.