84R7839 SCL-D
By: Lucio S.B. No. 1373
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county to adopt a fire code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 233.061(a), Local Government Code, is
amended to read as follows:
(a) The commissioners court of a county [with a population
of over 250,000 or a county adjacent to a county with a population
of over 250,000] may adopt a fire code and rules necessary to
administer and enforce the fire code.
SECTION 2. Sections 233.062(a) and (b), Local Government
Code, are amended to read as follows:
(a) The fire code applies only to the following buildings
constructed in an unincorporated area of the county:
(1) an inhabitable [a] commercial establishment;
(2) a public building; and
(3) a multifamily residential dwelling consisting of
four or more units.
(b) The fire code:
(1) does not apply to:
(A) an industrial facility having a fire brigade
that conforms to requirements of the Occupational Safety and Health
[and Safety] Administration; or
(B) development on a tract of land appraised as
agricultural or open-space land by the appraisal district; and
(2) may not be enforced in a manner that limits or
otherwise impairs the rights of individuals or entities in the
exploration, development, or production of oil, gas, or other
minerals.
SECTION 3. 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, 2015.