| 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 the powers of board members of certain emergency |
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| 8 | 8 | | services districts. |
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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. Subchapter C, Chapter 775, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 775.0361 to read as follows: |
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| 12 | 12 | | Sec. 775.0361. FIRE CODE IN CERTAIN DISTRICTS. (a) Two or |
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| 13 | 13 | | more districts may adopt and enforce a fire code, including fines |
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| 14 | 14 | | for any violations, for the area served by the districts if the |
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| 15 | 15 | | districts have established a joint response area through contracts |
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| 16 | 16 | | under Section 775.031(a) that includes land in two or more |
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| 17 | 17 | | counties. A fire code adopted under this section must be similar to |
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| 18 | 18 | | standards adopted by a nationally recognized standards-making |
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| 19 | 19 | | association. |
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| 20 | 20 | | (b) Notwithstanding Sections 775.036(b) and (b-1), a |
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| 21 | 21 | | provision in a fire code adopted under Subsection (a) prevails over |
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| 22 | 22 | | a provision in a fire code adopted by a county regardless of whether |
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| 23 | 23 | | the provision is less stringent than the provision adopted by the |
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| 24 | 24 | | county. |
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| 25 | 25 | | (c) The board of a district that adopts a fire code under |
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| 26 | 26 | | this section may not enforce the fire code in the boundaries of a |
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| 27 | 27 | | municipality that has adopted a fire code, except for an area that |
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| 28 | 28 | | has been annexed only for limited purposes in which the |
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| 29 | 29 | | municipality does not enforce a fire code. |
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| 30 | 30 | | SECTION 2. This Act takes effect immediately if it receives |
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| 31 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 32 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 33 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 34 | 34 | | Act takes effect September 1, 2021. |
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