Texas 2019 - 86th Regular

Texas House Bill HB2741 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R4553 MP-F
2	2	By: Minjarez H.B. No. 2741
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the application of the fire code to and the inspection
8	8	of buildings owned or leased by counties; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter Z, Chapter 214, Local Government
11	11	Code, is amended by adding Section 214.907 to read as follows:
12	12	Sec. 214.907. INSPECTION OF COUNTY BUILDINGS IN CERTAIN
13	13	COUNTIES. (a) This section applies only to a county with a
14	14	population of more than 1.5 million in which more than 75 percent of
15	15	the population lives in a single municipality.
16	16	(b) A county fire marshal shall conduct each inspection
17	17	required by a municipality, including an inspection for building or
18	18	fire code compliance, for a building wholly owned or wholly leased
19	19	by the county.
20	20	(c) A county fire marshal may, through a memorandum of
21	21	understanding, delegate authority to conduct an inspection
22	22	required under this section to the municipality requiring the
23	23	inspection.
24	24	(d) In the event of a conflict between this section and any
25	25	other law, this section controls.
26	26	SECTION 2. The heading to Subchapter C, Chapter 233, Local
27	27	Government Code, is amended to read as follows:
28	28	SUBCHAPTER C. FIRE CODE: [IN] UNINCORPORATED AREA AND COUNTY
29	29	BUILDINGS
30	30	SECTION 3. Section 233.062(a), Local Government Code, is
31	31	amended to read as follows:
32	32	(a) The fire code applies only to:
33	33	(1) the following buildings constructed in an
34	34	unincorporated area of the county:
35	35	(A) [(1)] a commercial establishment constructed
36	36	in the unincorporated area of the county;
37	37	(B) [(2)] a public building constructed in the
38	38	unincorporated area of the county; and
39	39	(C) [(3)] a multifamily residential dwelling
40	40	consisting of four or more units constructed in the unincorporated
41	41	area of the county; and
42	42	(2) a building that is wholly owned, wholly leased, or
43	43	subject to an agreement to be wholly leased by a county with a
44	44	population of more than 1.5 million in which more than 75 percent of
45	45	the population lives in a single municipality, regardless of
46	46	whether the building is located in an incorporated area or
47	47	unincorporated area of the county.
48	48	SECTION 4. Subchapter B, Chapter 352, Local Government
49	49	Code, is amended by adding Section 352.0165 to read as follows:
50	50	Sec. 352.0165. INSPECTIONS OF COUNTY OWNED OR LEASED
51	51	BUILDINGS IN CERTAIN COUNTIES. (a) In this section, "fire or life
52	52	safety hazard" has the meaning assigned by Section 352.016.
53	53	(b) This section applies only to a building that is:
54	54	(1) wholly owned or wholly leased by a county; and
55	55	(2) located in a county with a population of more than
56	56	1.5 million in which more than 75 percent of the population lives in
57	57	a single municipality, regardless of whether the building is
58	58	located in an incorporated or unincorporated area of the county.
59	59	(c) The county fire marshal shall conduct a biennial
60	60	inspection for fire or life safety hazards of each building to which
61	61	this section applies. If the fire marshal determines the presence
62	62	of a fire or life safety hazard in a building that is wholly owned by
63	63	the county, the county shall correct the hazard. If the fire
64	64	marshal determines the presence of a fire or life safety hazard in a
65	65	building that is wholly leased by the county, the fire marshal shall
66	66	order the owner of the building to correct the hazard. The owner
67	67	shall correct the hazard in accordance with the order.
68	68	(d) The county fire marshal may conduct further inspections
69	69	for fire or life safety hazards and take actions necessary to
70	70	enforce this section.
71	71	(e) The county fire marshal shall adopt guidelines for an
72	72	inspection under this section.
73	73	(f) The commissioners court by order may authorize the
74	74	county fire marshal to charge a fee to the owner of a building
75	75	wholly leased to the county for an inspection conducted under this
76	76	section in a reasonable amount determined by the commissioners
77	77	court to cover the cost of the inspection.
78	78	SECTION 5. Section 233.062, Local Government Code, as
79	79	amended by this Act, applies only to a building for which
80	80	construction or substantial improvement begins on or after the
81	81	effective date of this Act. A building for which construction or
82	82	substantial improvement begins before the effective date of this
83	83	Act is governed by the law in effect immediately before the
84	84	effective date of this Act, and that law is continued in effect for
85	85	that purpose.
86	86	SECTION 6. This Act takes effect September 1, 2019.