| 1 | 1 | | 85R11113 SCL-F |
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| 2 | 2 | | By: Isaac H.B. No. 3405 |
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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 fire protection sprinkler systems in residential |
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| 8 | 8 | | high-rise buildings in certain municipalities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 766, Health and Safety Code, is amended |
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| 11 | 11 | | by adding Subchapter C to read as follows: |
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| 12 | 12 | | SUBCHAPTER C. FIRE PROTECTION SPRINKLER SYSTEMS IN RESIDENTIAL |
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| 13 | 13 | | HIGH-RISE BUILDINGS IN CERTAIN MUNICIPALITIES |
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| 14 | 14 | | Sec. 766.101. DEFINITIONS. In this subchapter, "fire |
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| 15 | 15 | | protection sprinkler system" and "residential high-rise building" |
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| 16 | 16 | | have the meanings assigned by Section 766.051. |
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| 17 | 17 | | Sec. 766.102. APPLICABILITY OF SUBCHAPTER. This subchapter |
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| 18 | 18 | | applies only to a municipality with a population of not less than |
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| 19 | 19 | | 750,000 nor more than 850,000. |
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| 20 | 20 | | Sec. 766.103. REQUIREMENT FOR FIRE PROTECTION SPRINKLER |
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| 21 | 21 | | SYSTEM PROHIBITED FOR CERTAIN BUILDINGS. (a) Except as provided by |
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| 22 | 22 | | Subsection (b), a municipality may not adopt or enforce an |
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| 23 | 23 | | ordinance or other measure that requires the installation of a fire |
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| 24 | 24 | | protection sprinkler system in a residential high-rise building |
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| 25 | 25 | | that: |
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| 26 | 26 | | (1) was not required to have a sprinkler system at the |
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| 27 | 27 | | time the building was initially constructed; or |
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| 28 | 28 | | (2) is designated as a historically or archeologically |
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| 29 | 29 | | significant site by the Texas Historical Commission or the |
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| 30 | 30 | | governing body of the county or municipality in which the building |
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| 31 | 31 | | is located. |
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| 32 | 32 | | (b) A municipality may adopt or enforce an ordinance or |
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| 33 | 33 | | other measure that requires the installation of a fire protection |
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| 34 | 34 | | sprinkler system in a residential high-rise building described by |
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| 35 | 35 | | Subsection (a)(1) if the building is not a building described by |
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| 36 | 36 | | Subsection (a)(2) and: |
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| 37 | 37 | | (1) the building qualifies for the housing for older |
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| 38 | 38 | | persons exemption to the federal Fair Housing Act under 42 U.S.C. |
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| 39 | 39 | | Section 3607; or |
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| 40 | 40 | | (2) at least 50 percent of the occupants of the |
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| 41 | 41 | | building are individuals with a handicap as defined by 42 U.S.C. |
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| 42 | 42 | | Section 3602. |
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| 43 | 43 | | SECTION 2. This Act takes effect September 1, 2017. |
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