81R7179 AJA-D
By: Otto, et al. H.B. No. 1511
A BILL TO BE ENTITLED
AN ACT
relating to requirements that fire sprinkler systems be installed
in certain dwellings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 766, Health and Safety Code, is amended
by adding Section 766.004 to read as follows:
Sec. 766.004. AUTOMATIC FIRE SPRINKLER SYSTEMS. (a) In
this section:
(1) "Builder" has the meaning assigned by Section
401.003, Property Code.
(2) "Homeowner" has the meaning assigned by Section
401.002, Property Code.
(b) This section does not apply to a state requirement or an
ordinance or order of a political subdivision adopted before
January 1, 2009.
(c) Except as provided by Subsection (b), a requirement of
this state or of an ordinance or order of a political subdivision
that an automatic fire sprinkler system be installed in a new
one-family or two-family dwelling may not be enforced with respect
to a dwelling under 7,500 square feet in size. A prospective owner
of a one-family or two-family dwelling under 7,500 square feet in
size in a jurisdiction in which an automatic fire sprinkler system
would otherwise be required to be installed in the home may choose
whether or not to have the system installed.
(d) A builder in a jurisdiction in which an automatic fire
sprinkler system is required to be installed in any new one-family
or two-family dwelling shall offer a person with whom the builder
contracts for the construction of a new one-family or two-family
dwelling under 7,500 square feet in size the option of installing an
approved automatic fire sprinkler system in accordance with the
International Residential Code applicable to the construction
under Section 430.001, Property Code.
(e) In the event of a conflict between this section and any
other law, this section controls.
SECTION 2. Section 766.004(d), Health and Safety Code, as
added by this Act, applies only to a contract entered into on or
after September 1, 2011. A contract entered into before that date
is governed by the law in effect immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2009.