Texas 2021 - 87th Regular

Texas House Bill HB1034 Compare Versions

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

Old	New	Differences
1	1	87R1517 MP-D
2	2	By: Goodwin H.B. No. 1034
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of a county to adopt a fire or
8	8	wildland-urban interface code.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter C, Chapter 233, Local
11	11	Government Code, is amended to read as follows:
12	12	SUBCHAPTER C. FIRE AND WILDLAND-URBAN INTERFACE CODES [CODE] IN
13	13	UNINCORPORATED AREA
14	14	SECTION 2. Section 233.061, Local Government Code, is
15	15	amended to read as follows:
16	16	Sec. 233.061. AUTHORITY TO ADOPT AND ENFORCE FIRE CODE OR
17	17	WILDLAND-URBAN INTERFACE CODE. (a) The commissioners court of a
18	18	county [with a population of over 250,000 or a county adjacent to a
19	19	county with a population of over 250,000] may adopt a fire code or a
20	20	wildland-urban interface code, or both, and rules necessary to
21	21	administer and enforce the codes [fire code].
22	22	(b) The commissioners court, or any municipality in the
23	23	county, may contract with one another for the administration and
24	24	enforcement of the codes [fire code].
25	25	SECTION 3. Section 233.062, Local Government Code, is
26	26	amended to read as follows:
27	27	Sec. 233.062. APPLICATION AND CONTENT OF [FIRE] CODE. (a) A
28	28	[The fire] code adopted under this subchapter may apply [applies]
29	29	only [to the following buildings constructed] in an unincorporated
30	30	area of the county[:
31	31	[(1) a commercial establishment;
32	32	[(2) a public building; and
33	33	[(3) a multifamily residential dwelling consisting of
34	34	four or more units].
35	35	(b) A [The] fire code adopted under this subchapter may
36	36	[does] not apply to an industrial facility having a fire brigade
37	37	that conforms to requirements of the Occupational Safety and Health
38	38	[and Safety] Administration.
39	39	(c) A [The] fire code adopted under this subchapter must:
40	40	(1) conform to:
41	41	(A) the International Fire Code, as published by
42	42	the International Code Council, as the code existed on May 1, 2005;
43	43	or
44	44	(B) the Uniform Fire Code, as published by the
45	45	National Fire Protection Association, as the code existed on May 1,
46	46	2005; or
47	47	(2) establish protective measures that exceed the
48	48	standards of the codes described by Subdivision (1).
49	49	(c-1) A wildland-urban interface code adopted under this
50	50	subchapter must conform to the International Wildland-Urban
51	51	Interface Code, as the code existed on May 1, 2021.
52	52	(d) The commissioners court may adopt later editions of a
53	53	[fire] code listed in Subsection (c) or (c-1).
54	54	(e) A code adopted under this subchapter may apply to only a
55	55	portion of the unincorporated area of the county.
56	56	SECTION 4. Sections 233.063(a) and (c), Local Government
57	57	Code, are amended to read as follows:
58	58	(a) A person may not construct or substantially improve a
59	59	building subject to a code adopted under this chapter [described by
60	60	Section 233.062(a)] in an unincorporated area of the county unless
61	61	the person obtains a building permit issued in accordance with this
62	62	subchapter.
63	63	(c) Within 30 days after the date the commissioners court
64	64	receives an application and fee in accordance with Subsection (b),
65	65	the commissioners court shall:
66	66	(1) issue the permit if the plan complies with the
67	67	applicable codes adopted under this subchapter [fire code]; or
68	68	(2) deny the permit if the plan does not comply with
69	69	the applicable codes adopted under this subchapter [fire code].
70	70	SECTION 5. Sections 233.064(a), (d), (f), (g), and (h),
71	71	Local Government Code, are amended to read as follows:
72	72	(a) The county shall inspect a building subject to this
73	73	subchapter to determine whether the building complies with the
74	74	applicable codes adopted under this subchapter [fire code] .
75	75	(d) On or before the date that construction or substantial
76	76	improvement of a building subject to this subchapter is completed,
77	77	the owner of the building shall request in writing that the county
78	78	inspect the building for compliance with the applicable codes [fire
79	79	code].
80	80	(f) The county shall issue a final certificate of compliance
81	81	to the owner of a building inspected under this section if the
82	82	inspector determines, after an inspection of the completed
83	83	building, that the building complies with the applicable codes
84	84	[fire code]. For a building or complex of buildings involving
85	85	phased completion or build-out, the county may issue a partial
86	86	certificate of compliance for any portion of the building or
87	87	complex the inspector determines is in substantial compliance with
88	88	the applicable codes [fire code].
89	89	(g) If the inspector determines, after an inspection of the
90	90	completed building, that the building does not comply with the
91	91	applicable codes [fire code], the county may:
92	92	(1) deny the certificate of compliance; or
93	93	(2) issue a conditional or partial certificate of
94	94	compliance and allow the building to be occupied.
95	95	(h) A county that issues a conditional certificate of
96	96	compliance under Subsection (g) shall notify the owner of the
97	97	building of the violations of the applicable codes [fire code] and
98	98	establish a reasonable time to remedy the violations. A county may
99	99	revoke a conditional certificate of compliance if the owner does
100	100	not remedy the violations within the time specified on the
101	101	conditional certificate of compliance.
102	102	SECTION 6. Sections 233.065(c) and (d), Local Government
103	103	Code, are amended to read as follows:
104	104	(c) The county shall deposit fees received under this
105	105	subchapter in a special fund in the county treasury, and money in
106	106	that fund may be used only for the administration and enforcement of
107	107	a [the fire] code adopted under this subchapter.
108	108	(d) The fee for an [a fire code] inspection under this
109	109	subchapter must be reasonable and reflect the approximate cost of
110	110	the inspection personnel, materials, and administrative overhead.
111	111	SECTION 7. Section 233.066, Local Government Code, is
112	112	amended to read as follows:
113	113	Sec. 233.066. INJUNCTION. The appropriate attorney
114	114	representing the county in the district court may seek injunctive
115	115	relief to prevent the violation or threatened violation of a [the
116	116	fire] code adopted under this subchapter.
117	117	SECTION 8. Section 233.067(a), Local Government Code, is
118	118	amended to read as follows:
119	119	(a) The appropriate attorney representing the county in
120	120	civil cases may file a civil action in a court of competent
121	121	jurisdiction to recover from a person who violates a [the fire] code
122	122	adopted under this subchapter a civil penalty in an amount not to
123	123	exceed $200 for each day on which the violation exists. In
124	124	determining the amount of the penalty, the court shall consider the
125	125	seriousness of the violation.
126	126	SECTION 9. This Act takes effect September 1, 2021.