| 1 | 1 | | 81R7179 AJA-D |
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| 2 | 2 | | By: Otto, et al. H.B. No. 1511 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requirements that fire sprinkler systems be installed |
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| 8 | 8 | | in certain dwellings. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 766, Health and Safety Code, is amended |
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| 11 | 11 | | by adding Section 766.004 to read as follows: |
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| 12 | 12 | | Sec. 766.004. AUTOMATIC FIRE SPRINKLER SYSTEMS. (a) In |
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| 13 | 13 | | this section: |
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| 14 | 14 | | (1) "Builder" has the meaning assigned by Section |
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| 15 | 15 | | 401.003, Property Code. |
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| 16 | 16 | | (2) "Homeowner" has the meaning assigned by Section |
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| 17 | 17 | | 401.002, Property Code. |
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| 18 | 18 | | (b) This section does not apply to a state requirement or an |
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| 19 | 19 | | ordinance or order of a political subdivision adopted before |
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| 20 | 20 | | January 1, 2009. |
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| 21 | 21 | | (c) Except as provided by Subsection (b), a requirement of |
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| 22 | 22 | | this state or of an ordinance or order of a political subdivision |
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| 23 | 23 | | that an automatic fire sprinkler system be installed in a new |
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| 24 | 24 | | one-family or two-family dwelling may not be enforced with respect |
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| 25 | 25 | | to a dwelling under 7,500 square feet in size. A prospective owner |
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| 26 | 26 | | of a one-family or two-family dwelling under 7,500 square feet in |
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| 27 | 27 | | size in a jurisdiction in which an automatic fire sprinkler system |
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| 28 | 28 | | would otherwise be required to be installed in the home may choose |
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| 29 | 29 | | whether or not to have the system installed. |
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| 30 | 30 | | (d) A builder in a jurisdiction in which an automatic fire |
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| 31 | 31 | | sprinkler system is required to be installed in any new one-family |
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| 32 | 32 | | or two-family dwelling shall offer a person with whom the builder |
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| 33 | 33 | | contracts for the construction of a new one-family or two-family |
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| 34 | 34 | | dwelling under 7,500 square feet in size the option of installing an |
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| 35 | 35 | | approved automatic fire sprinkler system in accordance with the |
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| 36 | 36 | | International Residential Code applicable to the construction |
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| 37 | 37 | | under Section 430.001, Property Code. |
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| 38 | 38 | | (e) In the event of a conflict between this section and any |
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| 39 | 39 | | other law, this section controls. |
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| 40 | 40 | | SECTION 2. Section 766.004(d), Health and Safety Code, as |
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| 41 | 41 | | added by this Act, applies only to a contract entered into on or |
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| 42 | 42 | | after September 1, 2011. A contract entered into before that date |
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| 43 | 43 | | is governed by the law in effect immediately before the effective |
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| 44 | 44 | | date of this Act, and that law is continued in effect for that |
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| 45 | 45 | | purpose. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2009. |
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