| 1 | 1 | | 81R10553 EAH-F |
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| 2 | 2 | | By: Gallegos S.B. No. 1898 |
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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 the applicability of a fire code in an unincorporated |
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| 8 | 8 | | area of a county. |
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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. Section 233.0615(a), Local Government Code, is |
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| 11 | 11 | | amended by adding Subdivisions (1-a) and (1-b) and amending |
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| 12 | 12 | | Subdivision (2) to read as follows: |
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| 13 | 13 | | (1-a) "Commercial establishment" means a building for |
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| 14 | 14 | | the use or occupation of people for compensation or economic gain. |
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| 15 | 15 | | (1-b) "Public building" means a building for the use |
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| 16 | 16 | | or occupation of people for any public purpose. |
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| 17 | 17 | | (2) "Substantial improvement" means: |
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| 18 | 18 | | (A) the repair, alteration, restoration, |
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| 19 | 19 | | reconstruction, improvement, or remodeling of an existing [a] |
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| 20 | 20 | | building for which the cost exceeds 50 percent of the building's |
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| 21 | 21 | | value according to the certified tax appraisal roll for the county |
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| 22 | 22 | | for the year preceding the year in which the work was begun; [or] |
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| 23 | 23 | | (B) a change in occupancy classification |
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| 24 | 24 | | involving a change in the purpose or level of activity in a |
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| 25 | 25 | | building, including the renovation of a warehouse into a loft |
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| 26 | 26 | | apartment; or |
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| 27 | 27 | | (C) the enlargement of an existing building. |
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| 28 | 28 | | SECTION 2. Section 233.0615(b), Local Government Code, is |
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| 29 | 29 | | amended to read as follows: |
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| 30 | 30 | | (b) For purposes of this subchapter, substantial |
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| 31 | 31 | | improvement begins on the date that the repair, alteration, |
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| 32 | 32 | | enlargement, restoration, reconstruction, improvement, or |
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| 33 | 33 | | remodeling or the change in occupancy classification begins or on |
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| 34 | 34 | | the date materials are first delivered for that purpose. |
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| 35 | 35 | | SECTION 3. Section 233.062(a), Local Government Code, is |
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| 36 | 36 | | amended to read as follows: |
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| 37 | 37 | | (a) The fire code applies only to the following buildings |
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| 38 | 38 | | constructed in an unincorporated area of the county: |
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| 39 | 39 | | (1) a commercial establishment; |
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| 40 | 40 | | (2) a public building; and |
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| 41 | 41 | | (3) a multifamily residential dwelling consisting of |
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| 42 | 42 | | three [four] or more units. |
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| 43 | 43 | | SECTION 4. The changes in law made by this Act apply only to |
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| 44 | 44 | | an application for a permit for construction or substantial |
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| 45 | 45 | | improvement submitted on or after the effective date of this Act. |
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| 46 | 46 | | An application for a permit submitted before the effective date of |
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| 47 | 47 | | this Act is governed by the law in effect on the date the |
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| 48 | 48 | | application was submitted, and the former law is continued in |
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| 49 | 49 | | effect for that purpose. |
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| 50 | 50 | | SECTION 5. This Act takes effect September 1, 2009. |
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