85R11113 SCL-F
By: Campbell S.B. No. 1759
A BILL TO BE ENTITLED
AN ACT
relating to fire protection sprinkler systems in residential
high-rise buildings in certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 766, Health and Safety Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. FIRE PROTECTION SPRINKLER SYSTEMS IN RESIDENTIAL
HIGH-RISE BUILDINGS IN CERTAIN MUNICIPALITIES
Sec. 766.101. DEFINITIONS. In this subchapter, "fire
protection sprinkler system" and "residential high-rise building"
have the meanings assigned by Section 766.051.
Sec. 766.102. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a municipality with a population of not less than
750,000 nor more than 850,000.
Sec. 766.103. REQUIREMENT FOR FIRE PROTECTION SPRINKLER
SYSTEM PROHIBITED FOR CERTAIN BUILDINGS. (a) Except as provided by
Subsection (b), a municipality may not adopt or enforce an
ordinance or other measure that requires the installation of a fire
protection sprinkler system in a residential high-rise building
that:
(1) was not required to have a sprinkler system at the
time the building was initially constructed; or
(2) is designated as a historically or archeologically
significant site by the Texas Historical Commission or the
governing body of the county or municipality in which the building
is located.
(b) A municipality may adopt or enforce an ordinance or
other measure that requires the installation of a fire protection
sprinkler system in a residential high-rise building described by
Subsection (a)(1) if the building is not a building described by
Subsection (a)(2) and:
(1) the building qualifies for the housing for older
persons exemption to the federal Fair Housing Act under 42 U.S.C.
Section 3607; or
(2) at least 50 percent of the occupants of the
building are individuals with a handicap as defined by 42 U.S.C.
Section 3602.
SECTION 2. This Act takes effect September 1, 2017.