86R4553 MP-F
By: Minjarez H.B. No. 2741
A BILL TO BE ENTITLED
AN ACT
relating to the application of the fire code to and the inspection
of buildings owned or leased by counties; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 214, Local Government
Code, is amended by adding Section 214.907 to read as follows:
Sec. 214.907. INSPECTION OF COUNTY BUILDINGS IN CERTAIN
COUNTIES. (a) This section applies only to a county with a
population of more than 1.5 million in which more than 75 percent of
the population lives in a single municipality.
(b) A county fire marshal shall conduct each inspection
required by a municipality, including an inspection for building or
fire code compliance, for a building wholly owned or wholly leased
by the county.
(c) A county fire marshal may, through a memorandum of
understanding, delegate authority to conduct an inspection
required under this section to the municipality requiring the
inspection.
(d) In the event of a conflict between this section and any
other law, this section controls.
SECTION 2. The heading to Subchapter C, Chapter 233, Local
Government Code, is amended to read as follows:
SUBCHAPTER C. FIRE CODE: [IN] UNINCORPORATED AREA AND COUNTY
BUILDINGS
SECTION 3. Section 233.062(a), Local Government Code, is
amended to read as follows:
(a) The fire code applies only to:
(1) the following buildings constructed in an
unincorporated area of the county:
(A) [(1)] a commercial establishment constructed
in the unincorporated area of the county;
(B) [(2)] a public building constructed in the
unincorporated area of the county; and
(C) [(3)] a multifamily residential dwelling
consisting of four or more units constructed in the unincorporated
area of the county; and
(2) a building that is wholly owned, wholly leased, or
subject to an agreement to be wholly leased by a county with a
population of more than 1.5 million in which more than 75 percent of
the population lives in a single municipality, regardless of
whether the building is located in an incorporated area or
unincorporated area of the county.
SECTION 4. Subchapter B, Chapter 352, Local Government
Code, is amended by adding Section 352.0165 to read as follows:
Sec. 352.0165. INSPECTIONS OF COUNTY OWNED OR LEASED
BUILDINGS IN CERTAIN COUNTIES. (a) In this section, "fire or life
safety hazard" has the meaning assigned by Section 352.016.
(b) This section applies only to a building that is:
(1) wholly owned or wholly leased by a county; and
(2) located in a county with a population of more than
1.5 million in which more than 75 percent of the population lives in
a single municipality, regardless of whether the building is
located in an incorporated or unincorporated area of the county.
(c) The county fire marshal shall conduct a biennial
inspection for fire or life safety hazards of each building to which
this section applies. If the fire marshal determines the presence
of a fire or life safety hazard in a building that is wholly owned by
the county, the county shall correct the hazard. If the fire
marshal determines the presence of a fire or life safety hazard in a
building that is wholly leased by the county, the fire marshal shall
order the owner of the building to correct the hazard. The owner
shall correct the hazard in accordance with the order.
(d) The county fire marshal may conduct further inspections
for fire or life safety hazards and take actions necessary to
enforce this section.
(e) The county fire marshal shall adopt guidelines for an
inspection under this section.
(f) The commissioners court by order may authorize the
county fire marshal to charge a fee to the owner of a building
wholly leased to the county for an inspection conducted under this
section in a reasonable amount determined by the commissioners
court to cover the cost of the inspection.
SECTION 5. Section 233.062, Local Government Code, as
amended by this Act, applies only to a building for which
construction or substantial improvement begins on or after the
effective date of this Act. A building for which construction or
substantial improvement begins before the effective date of this
Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 6. This Act takes effect September 1, 2019.