Texas 2009 - 81st Regular

Texas Senate Bill SB1897 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5291 JSC-F
2	2	By: Gallegos S.B. No. 1897
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to fire code certificates of compliance, violations, and
8	8	enforcement; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 233.064, Local Government Code, is
11	11	amended by amending Subsections (f) and (g) and adding Subsections
12	12	(h) and (i) to read as follows:
13	13	(f) The county shall issue a final certificate of compliance
14	14	to the owner of a building inspected under this section if the
15	15	inspector determines, after an inspection of the completed
16	16	building, that the building complies with the fire code. For a
17	17	building or complex of buildings involving phased completion or
18	18	build-out, the county may issue a partial certificate of compliance
19	19	for any portion of the building or complex the inspector determines
20	20	is in compliance with the fire code.
21	21	(g) If the inspector determines, after an inspection of the
22	22	[completed] building, that the building does not comply with the
23	23	fire code, the inspector may:
24	24	(1) [the county shall] deny the certificate of
25	25	compliance; or [and]
26	26	(2) issue a conditional certificate of compliance and
27	27	allow the building to [may not] be occupied.
28	28	(h) A conditional certificate of compliance issued under
29	29	Subsection (g) shall notify the owner of the building of the
30	30	violations of the fire code and set a time within which the building
31	31	must be in compliance with the fire code. A conditional certificate
32	32	of compliance shall be revoked if the owner does not remedy the
33	33	violations within the time specified on the conditional certificate
34	34	of compliance.
35	35	(i) The owner of the building shall ensure that a person
36	36	does not occupy a building for which the owner does not have a
37	37	certificate of compliance or a conditional certificate of
38	38	compliance, or a portion of a building or complex of buildings for
39	39	which a partial certificate of compliance has not been issued.
40	40	SECTION 2. Section 233.066, Local Government Code, is
41	41	amended to read as follows:
42	42	Sec. 233.066. INJUNCTION. The appropriate attorney
43	43	representing the county in the district court may seek injunctive
44	44	relief to prevent a [the] violation or threatened violation
45	45	constituting an offense under Section 233.067. The county is not
46	46	required to give bond. If a county prevails in an action under this
47	47	section, the court shall award the county reasonable attorney's
48	48	fees, costs of court, and investigative costs [of the fire code].
49	49	SECTION 3. Section 233.067, Local Government Code, is
50	50	amended to read as follows:
51	51	Sec. 233.067. OFFENSE: CRIMINAL AND CIVIL PENALTY. (a) A
52	52	person commits an offense if:
53	53	(1) a person constructs or substantially improves a
54	54	building without obtaining a permit under Section 233.063;
55	55	(2) a person who owns a building that does not have a
56	56	certificate of compliance or a conditional certificate of
57	57	compliance allows the building to be occupied;
58	58	(3) a person causes, suffers, allows, or permits a
59	59	violation of the fire code;
60	60	(4) a person fails to post a notice under Section
61	61	233.068(d); or
62	62	(5) a person violates an order issued under Section
63	63	233.069.
64	64	(b) Except as provided by Subsection (c), an offense under
65	65	this section is a Class C misdemeanor.
66	66	(c) An offense under Subsection (a)(5) is a Class B
67	67	misdemeanor.
68	68	(d) Each day an offense occurs or continues constitutes a
69	69	separate offense.
70	70	(e) The appropriate attorney representing the county in
71	71	civil cases may file a civil action in a court of competent
72	72	jurisdiction to recover from a person who commits an offense under
73	73	this section [violates the fire code] a civil penalty in an amount
74	74	not to exceed $500 [$200] for each day on which the offense occurs
75	75	[violation exists]. In determining the amount of the penalty, the
76	76	court shall consider the seriousness of the offense [violation].
77	77	(f) If a county prevails in an action under this section,
78	78	the court shall award the county reasonable attorney's fees, costs
79	79	of court, and investigative costs.
80	80	(g) [(b)] The county shall deposit amounts collected under
81	81	this section in the fund and for the purposes described by Section
82	82	233.065(c).
83	83	SECTION 4. Subchapter C, Chapter 233, Local Government
84	84	Code, is amended by adding Sections 233.068 and 233.069 to read as
85	85	follows:
86	86	Sec. 233.068. CITATIONS. (a) If, on inspection or
87	87	investigation, the county fire marshal, an assistant fire marshal,
88	88	or a certified fire inspector determines that a person has
89	89	committed an offense under Section 233.067, the county fire
90	90	marshal, assistant fire marshal, or certified fire safety inspector
91	91	may issue a citation to the person.
92	92	(b) When the citation is issued by a certified fire
93	93	inspector or an assistant fire marshal, a copy of the citation shall
94	94	be furnished to the county fire marshal.
95	95	(c) The county fire marshal may prescribe procedures for the
96	96	issuance of a notice in lieu of a citation with respect to a de
97	97	minimis violation of the fire code that has no direct or immediate
98	98	relationship to public safety or health.
99	99	(d) Each citation issued under this section, or a copy of
100	100	the citation, shall be prominently posted by the responsible person
101	101	at a location prescribed by the county fire marshal.
102	102	Sec. 233.069. EMERGENCY CONDITIONS. If the county fire
103	103	marshal determines that an offense by a person under Section
104	104	233.067 creates an immediate threat to the public safety, the
105	105	county fire marshal may direct the person, including a property
106	106	owner or an occupant of the building, to take specific action to
107	107	address the issue or to cease and desist from a specified activity.
108	108	The person shall immediately comply with an order made by the county
109	109	fire marshal under this section.
110	110	SECTION 5. Section 352.016(b), Local Government Code, is
111	111	amended to read as follows:
112	112	(b) In the interest of safety and fire prevention, the
113	113	county fire marshal may inspect for violations of the county fire
114	114	code or for fire or life safety hazards any structure,
115	115	appurtenance, fixture, or real property located within 500 feet of
116	116	a structure, appurtenance, or fixture. The marshal shall inspect a
117	117	structure for violations of the county fire code or for fire or life
118	118	safety hazards if called on to do so. In the absence of a county
119	119	fire code, the county fire marshal may conduct an inspection using
120	120	any nationally recognized code or standard adopted by the state. If
121	121	the county has adopted a fire code, the marshal may conduct the
122	122	inspection using the adopted code and any nationally recognized
123	123	code or standard adopted by the state. If the marshal finds a
124	124	violation of the county fire code or [determines] the presence of a
125	125	fire or life safety hazard, the marshal may order the owner or
126	126	occupant of the premises to correct the violation or hazardous
127	127	situation. If ordered to do so, an owner or occupant shall correct
128	128	the violation or hazardous situation in accordance with the order.
129	129	SECTION 6. Section 352.022, Local Government Code, is
130	130	amended to read as follows:
131	131	Sec. 352.022. CRIMINAL PENALTIES [PENALTY FOR FAILURE TO
132	132	COMPLY WITH ORDER]. (a) A person commits an offense if the person:
133	133	(1) [An owner or occupant who] is subject to an order
134	134	issued under Section 352.016 and [commits an offense if that
135	135	person] fails to comply with the order;
136	136	(2) fails to post a citation in accordance with
137	137	Subsection (h);
138	138	(3) causes, suffers, allows, or permits a violation of
139	139	the fire code in a county that has adopted a fire code; or
140	140	(4) violates an order issued under Section 352.016(b)
141	141	or Section 352.0221.
142	142	(b) Each day an offense occurs or continues constitutes
143	143	[refusal to comply is] a separate offense.
144	144	(c) Except as provided by Subsection (d), the [The] offense
145	145	is a Class C [B] misdemeanor unless it is shown on the trial of the
146	146	offense that the defendant has been previously convicted two or
147	147	more times under this section, in which event the offense is a state
148	148	jail felony.
149	149	(d) An offense under Subsection (a)(4) is a Class B
150	150	misdemeanor unless it is shown on the trial of the offense that the
151	151	defendant has been previously convicted two or more times under
152	152	this section, in which event the offense is a state jail felony.
153	153	(e) If, on inspection or investigation, the county fire
154	154	marshal, an assistant fire marshal, or a certified fire inspector
155	155	determines that a person has committed an offense under this
156	156	section, the county fire marshal, assistant fire marshal, or
157	157	certified fire safety inspector may issue a citation to the person.
158	158	(f) When the citation is issued by a certified fire
159	159	inspector or an assistant fire marshal, a copy of the citation shall
160	160	be furnished to the county fire marshal.
161	161	(g) The county fire marshal may prescribe procedures for the
162	162	issuance of a notice in lieu of a citation with respect to a de
163	163	minimis violation of the fire code that has no direct or immediate
164	164	relationship to public safety or health.
165	165	(h) Each citation issued under this section, or a copy of
166	166	the citation, shall be prominently posted by the responsible person
167	167	at the location prescribed by the county fire marshal.
168	168	SECTION 7. Subchapter B, Chapter 352, Local Government
169	169	Code, is amended by adding Sections 352.0221 and 352.0222 to read as
170	170	follows:
171	171	Sec. 352.0221. CIVIL PENALTIES AND INJUNCTIVE RELIEF. (a)
172	172	The appropriate attorney representing the county in civil cases may
173	173	file a civil action to recover from a person who commits an offense
174	174	under Section 352.022 a civil penalty in an amount not to exceed
175	175	$500 for each day on which the offense occurs. In determining the
176	176	amount of the penalty, the court shall consider the seriousness of
177	177	the offense.
178	178	(b) The appropriate attorney representing the county in
179	179	civil cases may seek injunctive relief to prevent an offense or
180	180	threatened offense under Section 352.022. The county is not
181	181	required to give bond.
182	182	(c) If a county prevails in an action under this subchapter,
183	183	the court shall award the county reasonable attorney's fees, costs
184	184	of court, and investigative costs.
185	185	Sec. 352.0222. EMERGENCY CONDITIONS. If the county fire
186	186	marshal determines that an offense under Section 352.022 or a fire
187	187	or life safety hazard as described under Section 352.016 creates an
188	188	immediate threat to the public safety, the county fire marshal may
189	189	direct the person committing the offense, the property owner, or an
190	190	occupant of the building to take specific action or to cease and
191	191	desist from a specified activity. A person shall immediately comply
192	192	with an order made by the county fire marshal under this section.
193	193	SECTION 8. A county may issue a partial certificate of
194	194	compliance under Section 233.064(f), Local Government Code, as
195	195	amended by this Act, on or after the effective date of this Act to
196	196	any building or complex of buildings that qualifies for the partial
197	197	certificate of compliance, regardless of whether the building
198	198	project started before, on, or after the effective date of this Act.
199	199	SECTION 9. The change in law made by this Act applies only
200	200	to an offense committed on or after the effective date of this Act.
201	201	An offense committed before the effective date of this Act is
202	202	covered by the law in effect immediately before the effective date
203	203	of this Act, and the former law is continued in effect for that
204	204	purpose. For purposes of this section, an offense was committed
205	205	before the effective date of this Act if any element of the offense
206	206	was committed before that date.
207	207	SECTION 10. This Act takes effect September 1, 2009.