Texas 2015 - 84th Regular

Texas House Bill HB3089 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Galindo, et al. (Senate Sponsor - Menéndez) H.B. No. 3089
2		-	(In the Senate - Received from the House May 11, 2015;
3		-	May 15, 2015, read first time and referred to Committee on Business
4		-	and Commerce; May 22, 2015, reported favorably by the following
5		-	vote: Yeas 6, Nays 0; May 22, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 3089
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to fire protection sprinkler systems in certain
12	6		residential high-rise buildings in certain counties; creating a
13	7		criminal offense.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Chapter 766, Health and Safety Code, is amended
16	10		by designating Sections 766.001, 766.002, 766.0021, 766.0025, and
17	11		766.003 as Subchapter A and adding a subchapter heading to read as
18	12		follows:
19	13		SUBCHAPTER A. SMOKE DETECTORS AND FIRE SAFETY INFORMATION
20	14		SECTION 2. Chapter 766, Health and Safety Code, is amended
21	15		by adding Subchapter B to read as follows:
22	16		SUBCHAPTER B. FIRE PROTECTION SPRINKLER SYSTEMS IN CERTAIN
23	17		RESIDENTIAL HIGH-RISE BUILDINGS IN CERTAIN COUNTIES
24	18		Sec. 766.051. DEFINITIONS. In this subchapter:
25	19		(1) "Fire protection sprinkler system" means an
26	20		assembly of underground or overhead piping or conduits that conveys
27	21		water with or without other agents to dispersal openings or devices
28	22		to:
29	23		(A) extinguish, control, or contain fire; and
30	24		(B) provide protection from exposure to fire or
31	25		the products of combustion.
32	26		(2) "Residential high-rise building" means a building
33	27		used primarily for a residential purpose and that extends 75 feet or
34	28		more from the ground.
35	29		Sec. 766.052. APPLICABILITY OF SUBCHAPTER. This subchapter
36	30		applies only to a residential high-rise building:
37	31		(1) that is located in a county with a population of
38	32		more than 1.5 million in which more than 75 percent of the
39	33		population resides in a single municipality;
40	34		(2) in which at least 50 percent of the residents are
41	35		elderly individuals, individuals with a disability, or individuals
42	36		with a mobility impairment; and
43	37		(3) that is not designated as a historically or
44	38		archaeologically significant site by the Texas Historical
45	39		Commission or the governing body of the county or municipality in
46	40		which the building is located.
47	41		Sec. 766.053. FIRE PROTECTION SPRINKLER SYSTEMS REQUIRED;
48	42		STANDARD. (a) A residential high-rise building must be equipped
49	43		with a complete fire protection sprinkler system that is in good
50	44		working order and is in compliance with this section.
51	45		(b) The governing body of a municipality in which a
52	46		residential high-rise building subject to this subchapter is
53	47		located or, if the building is not located in a municipality, the
54	48		commissioners court of the county in which the building is located
55	49		shall adopt a standard for the installation of fire protection
56	50		sprinkler systems in a residential high-rise building.
57	51		(c) The standard adopted must be in compliance with National
58	52		Fire Protection Association 13: Standard for the Installation of
59	53		Sprinkler Systems. Until the governing body of the municipality or
60	54		commissioners court of the county, as applicable, adopts a standard
61	55		as required by this section, the standard is the Standard for the
62	56		Installation of Sprinkler Systems of the National Fire Protection
63	57		Association, as that standard existed on September 1, 2015.
64	58		Sec. 766.054. PHASE-IN COMPLIANCE FOR OWNERS OF CERTAIN
65	59		RESIDENTIAL HIGH-RISE BUILDINGS. (a) This section applies only to
66	60		an owner of a residential high-rise building built before September
67	61		1, 2015.
68	62		(b) Not later than September 1, 2018, an owner of a
69	63		residential high-rise building shall provide notice of the owner's
70	64		intent to comply with this subchapter to:
71	65		(1) if the building is located in a municipality, the
72	66		appropriate code official of the municipality in which the building
73	67		is located; or
74	68		(2) if the building is not located in a municipality,
75	69		the county clerk of the county in which the building is located.
76	70		(c) Not later than September 1, 2021, the owner of a
77	71		residential high-rise building shall install a water supply on all
78	72		floors of the building in accordance with National Fire Protection
79	73		Association 13: Standard for the Installation of Sprinkler Systems.
80	74		(d) Not later than September 1, 2024, the owner of a
81	75		residential high-rise building shall install a fire protection
82	76		sprinkler system in accordance with this subchapter on at least 50
83	77		percent of the floors of the building.
84	78		(e) Not later than September 1, 2027, the owner of a
85	79		residential high-rise building shall install a fire protection
86	80		sprinkler system in accordance with this subchapter on all floors
87	81		of the building.
88	82		(f) Notwithstanding Subsections (b), (c), (d), and (e), an
89	83		owner of multiple residential high-rise buildings built before
90	84		September 1, 2015, is considered to have met the requirements of
91	85		this section if a fire protection sprinkler system is installed on
92	86		all floors of:
93	87		(1) at least 33 percent of the owner's residential
94	88		high-rise buildings not later than September 1, 2021;
95	89		(2) at least 66 percent of the owner's residential
96	90		high-rise buildings not later than September 1, 2024; and
97	91		(3) all of the owner's residential high-rise buildings
98	92		not later than September 1, 2027.
99	93		(g) If a residential high-rise building is a condominium as
100	94		defined by Section 81.002 or 82.003, Property Code, the apartment
101	95		or unit owners of the condominium may comply with this subchapter by
102	96		acting jointly through the council of owners or unit owners'
103	97		association, as applicable, of the condominium.
104	98		(h) For purposes of Sections 766.055 and 766.056, a
105	99		residential high-rise building is in compliance with this
106	100		subchapter if the owner of the building has met the requirements of
107	101		this section.
108	102		(i) This section expires September 1, 2028.
109	103		Sec. 766.055. INJUNCTION. (a) The attorney general, the
110	104		county attorney of a county in which a residential high-rise
111	105		building is located, or the district attorney of a county in which
112	106		the building is located may bring an action in the name of the state
113	107		for an injunction to enforce this subchapter against the owner or
114	108		person in charge of a residential high-rise building not in
115	109		compliance with this subchapter.
116	110		(b) The action must be brought in the district court of the
117	111		county in which the residential high-rise building is located.
118	112		(c) The attorney general, county attorney of the county in
119	113		which the residential high-rise building is located, or district
120	114		attorney of the county in which the building is located, as
121	115		applicable, shall give the owner or person in charge of the building
122	116		notice of the time and place of a hearing for an action brought
123	117		under this section not later than the 10th day before the date of
124	118		the hearing.
125	119		(d) A district judge may issue a mandatory injunction
126	120		against the owner or person in charge of a residential high-rise
127	121		building not in compliance with this subchapter to enforce this
128	122		subchapter. Violation of an injunction issued under this section
129	123		constitutes contempt of court and is punishable in the manner
130	124		provided for contempt.
131	125		Sec. 766.056. CRIMINAL PENALTY. (a) A person commits an
132	126		offense if the person is the owner of a residential high-rise
133	127		building that is not in compliance with this subchapter.
134	128		(b) A person commits an offense if the person serves as an
135	129		agent for an owner who is not a resident of this state in the care,
136	130		management, supervision, control, or rental of a residential
137	131		high-rise building not in compliance with this subchapter.
138	132		(c) An offense under this section is punishable by a fine of
139	133		not more than $10,000.
140	134		SECTION 3. This Act takes effect September 1, 2015.
141		-	* * * * *
	135	+	______________________________ ______________________________
	136	+	President of the Senate Speaker of the House
	137	+	I certify that H.B. No. 3089 was passed by the House on May 8,
	138	+	2015, by the following vote: Yeas 100, Nays 39, 1 present, not
	139	+	voting.
	140	+	______________________________
	141	+	Chief Clerk of the House
	142	+	I certify that H.B. No. 3089 was passed by the Senate on May
	143	+	27, 2015, by the following vote: Yeas 28, Nays 3.
	144	+	______________________________
	145	+	Secretary of the Senate
	146	+	APPROVED: _____________________
	147	+	Date
	148	+	_____________________
	149	+	Governor