By: Galindo, et al. (Senate Sponsor - Menéndez) H.B. No. 3089
(In the Senate - Received from the House May 11, 2015;
May 15, 2015, read first time and referred to Committee on Business
and Commerce; May 22, 2015, reported favorably by the following
vote: Yeas 6, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to fire protection sprinkler systems in certain
residential high-rise buildings in certain counties; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 766, Health and Safety Code, is amended
by designating Sections 766.001, 766.002, 766.0021, 766.0025, and
766.003 as Subchapter A and adding a subchapter heading to read as
follows:
SUBCHAPTER A. SMOKE DETECTORS AND FIRE SAFETY INFORMATION
SECTION 2. Chapter 766, Health and Safety Code, is amended
by adding Subchapter B to read as follows:
SUBCHAPTER B. FIRE PROTECTION SPRINKLER SYSTEMS IN CERTAIN
RESIDENTIAL HIGH-RISE BUILDINGS IN CERTAIN COUNTIES
Sec. 766.051. DEFINITIONS. In this subchapter:
(1) "Fire protection sprinkler system" means an
assembly of underground or overhead piping or conduits that conveys
water with or without other agents to dispersal openings or devices
to:
(A) extinguish, control, or contain fire; and
(B) provide protection from exposure to fire or
the products of combustion.
(2) "Residential high-rise building" means a building
used primarily for a residential purpose and that extends 75 feet or
more from the ground.
Sec. 766.052. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a residential high-rise building:
(1) that is located in a county with a population of
more than 1.5 million in which more than 75 percent of the
population resides in a single municipality;
(2) in which at least 50 percent of the residents are
elderly individuals, individuals with a disability, or individuals
with a mobility impairment; and
(3) that is not designated as a historically or
archaeologically significant site by the Texas Historical
Commission or the governing body of the county or municipality in
which the building is located.
Sec. 766.053. FIRE PROTECTION SPRINKLER SYSTEMS REQUIRED;
STANDARD. (a) A residential high-rise building must be equipped
with a complete fire protection sprinkler system that is in good
working order and is in compliance with this section.
(b) The governing body of a municipality in which a
residential high-rise building subject to this subchapter is
located or, if the building is not located in a municipality, the
commissioners court of the county in which the building is located
shall adopt a standard for the installation of fire protection
sprinkler systems in a residential high-rise building.
(c) The standard adopted must be in compliance with National
Fire Protection Association 13: Standard for the Installation of
Sprinkler Systems. Until the governing body of the municipality or
commissioners court of the county, as applicable, adopts a standard
as required by this section, the standard is the Standard for the
Installation of Sprinkler Systems of the National Fire Protection
Association, as that standard existed on September 1, 2015.
Sec. 766.054. PHASE-IN COMPLIANCE FOR OWNERS OF CERTAIN
RESIDENTIAL HIGH-RISE BUILDINGS. (a) This section applies only to
an owner of a residential high-rise building built before September
1, 2015.
(b) Not later than September 1, 2018, an owner of a
residential high-rise building shall provide notice of the owner's
intent to comply with this subchapter to:
(1) if the building is located in a municipality, the
appropriate code official of the municipality in which the building
is located; or
(2) if the building is not located in a municipality,
the county clerk of the county in which the building is located.
(c) Not later than September 1, 2021, the owner of a
residential high-rise building shall install a water supply on all
floors of the building in accordance with National Fire Protection
Association 13: Standard for the Installation of Sprinkler Systems.
(d) Not later than September 1, 2024, the owner of a
residential high-rise building shall install a fire protection
sprinkler system in accordance with this subchapter on at least 50
percent of the floors of the building.
(e) Not later than September 1, 2027, the owner of a
residential high-rise building shall install a fire protection
sprinkler system in accordance with this subchapter on all floors
of the building.
(f) Notwithstanding Subsections (b), (c), (d), and (e), an
owner of multiple residential high-rise buildings built before
September 1, 2015, is considered to have met the requirements of
this section if a fire protection sprinkler system is installed on
all floors of:
(1) at least 33 percent of the owner's residential
high-rise buildings not later than September 1, 2021;
(2) at least 66 percent of the owner's residential
high-rise buildings not later than September 1, 2024; and
(3) all of the owner's residential high-rise buildings
not later than September 1, 2027.
(g) If a residential high-rise building is a condominium as
defined by Section 81.002 or 82.003, Property Code, the apartment
or unit owners of the condominium may comply with this subchapter by
acting jointly through the council of owners or unit owners'
association, as applicable, of the condominium.
(h) For purposes of Sections 766.055 and 766.056, a
residential high-rise building is in compliance with this
subchapter if the owner of the building has met the requirements of
this section.
(i) This section expires September 1, 2028.
Sec. 766.055. INJUNCTION. (a) The attorney general, the
county attorney of a county in which a residential high-rise
building is located, or the district attorney of a county in which
the building is located may bring an action in the name of the state
for an injunction to enforce this subchapter against the owner or
person in charge of a residential high-rise building not in
compliance with this subchapter.
(b) The action must be brought in the district court of the
county in which the residential high-rise building is located.
(c) The attorney general, county attorney of the county in
which the residential high-rise building is located, or district
attorney of the county in which the building is located, as
applicable, shall give the owner or person in charge of the building
notice of the time and place of a hearing for an action brought
under this section not later than the 10th day before the date of
the hearing.
(d) A district judge may issue a mandatory injunction
against the owner or person in charge of a residential high-rise
building not in compliance with this subchapter to enforce this
subchapter. Violation of an injunction issued under this section
constitutes contempt of court and is punishable in the manner
provided for contempt.
Sec. 766.056. CRIMINAL PENALTY. (a) A person commits an
offense if the person is the owner of a residential high-rise
building that is not in compliance with this subchapter.
(b) A person commits an offense if the person serves as an
agent for an owner who is not a resident of this state in the care,
management, supervision, control, or rental of a residential
high-rise building not in compliance with this subchapter.
(c) An offense under this section is punishable by a fine of
not more than $10,000.
SECTION 3. This Act takes effect September 1, 2015.
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