By: Smith of Harris (Senate Sponsor - Patrick) H.B. No. 2266
(In the Senate - Received from the House April 18, 2011;
April 26, 2011, read first time and referred to Committee on
Intergovernmental Relations; May 21, 2011, reported favorably by
the following vote: Yeas 3, Nays 0; May 21, 2011, sent to
printer.)
A BILL TO BE ENTITLED
AN ACT
relating to fire code certificates of compliance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 233.064, Local Government Code, is
amended by amending Subsections (f) and (g) and adding Subsections
(h) and (i) to read as follows:
(f) The county shall issue a final certificate of compliance
to the owner of a building inspected under this section if the
inspector determines, after an inspection of the completed
building, that the building complies with the fire code. For a
building or complex of buildings involving phased completion or
build-out, the county may issue a partial certificate of compliance
for any portion of the building or complex the inspector determines
is in substantial compliance with the fire code.
(g) If the inspector determines, after an inspection of the
completed building, that the building does not comply with the fire
code, the county may:
(1) [the county shall] deny the certificate of
compliance; or [and]
(2) issue a conditional or partial certificate of
compliance and allow the building to [may not] be occupied.
(h) A county that issues a conditional certificate of
compliance under Subsection (g) shall notify the owner of the
building of the violations of the fire code and establish a
reasonable time to remedy the violations. A county may revoke a
conditional certificate of compliance if the owner does not remedy
the violations within the time specified on the conditional
certificate of compliance.
(i) A building may not be occupied until a county issues a
final, conditional, or partial certificate of compliance for the
building.
SECTION 2. A county may issue a partial or conditional
certificate of compliance under Section 233.064(f) or (g), Local
Government Code, as amended by this Act, on or after the effective
date of this Act to any building or complex of buildings that
qualifies for the partial or conditional certificate of compliance,
regardless of whether the building project started before, on, or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2011.
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