| 1 | 1 | | 84R7839 SCL-D |
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| 2 | 2 | | By: Lucio S.B. No. 1373 |
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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 authority of a county to adopt a fire code. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 233.061(a), Local Government Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (a) The commissioners court of a county [with a population |
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| 12 | 12 | | of over 250,000 or a county adjacent to a county with a population |
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| 13 | 13 | | of over 250,000] may adopt a fire code and rules necessary to |
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| 14 | 14 | | administer and enforce the fire code. |
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| 15 | 15 | | SECTION 2. Sections 233.062(a) and (b), Local Government |
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| 16 | 16 | | Code, are amended to read as follows: |
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| 17 | 17 | | (a) The fire code applies only to the following buildings |
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| 18 | 18 | | constructed in an unincorporated area of the county: |
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| 19 | 19 | | (1) an inhabitable [a] commercial establishment; |
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| 20 | 20 | | (2) a public building; and |
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| 21 | 21 | | (3) a multifamily residential dwelling consisting of |
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| 22 | 22 | | four or more units. |
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| 23 | 23 | | (b) The fire code: |
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| 24 | 24 | | (1) does not apply to: |
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| 25 | 25 | | (A) an industrial facility having a fire brigade |
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| 26 | 26 | | that conforms to requirements of the Occupational Safety and Health |
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| 27 | 27 | | [and Safety] Administration; or |
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| 28 | 28 | | (B) development on a tract of land appraised as |
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| 29 | 29 | | agricultural or open-space land by the appraisal district; and |
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| 30 | 30 | | (2) may not be enforced in a manner that limits or |
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| 31 | 31 | | otherwise impairs the rights of individuals or entities in the |
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| 32 | 32 | | exploration, development, or production of oil, gas, or other |
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| 33 | 33 | | minerals. |
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| 34 | 34 | | SECTION 3. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2015. |
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