| 1 | 1 | | 81R30434 YDB-D |
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| 2 | 2 | | By: Christian H.B. No. 1632 |
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| 3 | 3 | | Substitute the following for H.B. No. 1632: |
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| 4 | 4 | | By: Smith of Harris C.S.H.B. No. 1632 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the exemption from certain construction requirements |
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| 10 | 10 | | for volunteer fire departments in certain counties. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 1001.407, Occupations Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | Sec. 1001.407. CONSTRUCTION OF CERTAIN PUBLIC WORKS. (a) |
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| 15 | 15 | | Except as provided by Subsection (b), this [The] state or a |
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| 16 | 16 | | political subdivision of this [the] state may not construct a |
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| 17 | 17 | | public work involving engineering in which the public health, |
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| 18 | 18 | | welfare, or safety is involved, unless: |
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| 19 | 19 | | (1) the engineering plans, specifications, and |
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| 20 | 20 | | estimates have been prepared by an engineer; and |
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| 21 | 21 | | (2) the engineering construction is to be performed |
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| 22 | 22 | | under the direct supervision of an engineer. |
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| 23 | 23 | | (b) This section does not apply to a building or other |
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| 24 | 24 | | facility that: |
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| 25 | 25 | | (1) is occupied exclusively by a volunteer fire |
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| 26 | 26 | | department, as defined by Section 152.001, Tax Code, in a county |
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| 27 | 27 | | with a population of 80,000 or less; |
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| 28 | 28 | | (2) is not routinely used by the public; |
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| 29 | 29 | | (3) is approved by an engineer, which shall include an |
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| 30 | 30 | | approval evidenced by an engineer stamp on a plan or document for a |
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| 31 | 31 | | prefabricated building; and |
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| 32 | 32 | | (4) has a slab that is approved by an engineer for the |
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| 33 | 33 | | specific building approved under Subdivision (3), which shall |
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| 34 | 34 | | include an approval evidenced by an engineer stamp on a plan or |
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| 35 | 35 | | document of the slab's intended purpose. |
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| 36 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2009. |
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