82R5964 NC-D
By: Christian, Hopson, Hughes, Flynn H.B. No. 1092
A BILL TO BE ENTITLED
AN ACT
relating to the exemption from certain construction requirements
for volunteer fire departments in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1001.407, Occupations Code, is amended
to read as follows:
Sec. 1001.407. CONSTRUCTION OF CERTAIN PUBLIC WORKS. (a)
Except as provided by Subsection (b), this [The] state or a
political subdivision of this [the] state may not construct a
public work involving engineering in which the public health,
welfare, or safety is involved, unless:
(1) the engineering plans, specifications, and
estimates have been prepared by an engineer; and
(2) the engineering construction is to be performed
under the direct supervision of an engineer.
(b) This section does not apply to a building or other
facility that:
(1) is occupied exclusively by a volunteer fire
department, as defined by Section 152.001, Tax Code, in a county
with a population of 80,000 or less;
(2) is not routinely used by the public;
(3) is approved by an engineer, including an approval
evidenced by an engineer stamp on a plan or document for a
prefabricated building; and
(4) has a slab that is approved by an engineer for the
specific building approved under Subdivision (3), including an
approval evidenced by an engineer stamp on a plan or document of the
slab's intended purpose.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.