Texas 2021 - 87th Regular

Texas Senate Bill SB504 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 504
	1	+	87R25849 SCL-D
	2	+	By: Miles S.B. No. 504
	3	+	(Coleman, Lopez)
	4	+	Substitute the following for S.B. No. 504: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to authority of certain county fire marshals to inspect
6	10		group homes; authorizing a fee; creating a criminal offense.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Subchapter B, Chapter 352, Local Government
9	13		Code, is amended by adding Section 352.0165 to read as follows:
10	14		Sec. 352.0165. INSPECTION OF GROUP HOMES IN CERTAIN
11	15		COUNTIES; FEE. (a) In this section:
12	16		(1) "Group home" means an establishment:
13	17		(A) in which three or more individuals who are
14	18		unrelated to the owner or operator of the establishment reside;
15	19		(B) that provides residential care services to
16	20		residents; and
17	21		(C) that receives payment or other compensation
18	22		from a local, state, or federal governmental entity for providing
19	23		residential care services to a resident.
20	24		(2) "Residential care services" means shelter,
21	25		protection, meals, health care, mobility assistance, and personal
22	26		care services, including bathing, dressing, and eating.
23	27		(b) This section applies only to a county with a population
24	28		of 3.3 million or more.
25	29		(c) This section does not apply to a building owned or
26	30		operated by:
27	31		(1) a person that is required to be licensed under
28	32		Chapter 142, 242, 246, 247, or 252, Health and Safety Code;
29	33		(2) a person that is exempt from licensing under
30	34		Section 142.003(a)(19), 242.003(3), or 247.004(4), Health and
31	35		Safety Code;
32	36		(3) a hotel as defined by Section 156.001, Tax Code;
33	37		(4) a retirement community;
34	38		(5) a monastery or convent;
35	39		(6) a child-care facility as defined by Section
36	40		42.002, Human Resources Code;
37	41		(7) a family violence shelter center as defined by
38	42		Section 51.002, Human Resources Code; or
39	43		(8) a sorority or fraternity house or other dormitory
40	44		associated with an institution of higher education.
41	45		(d) On the complaint of any person, the county fire marshal,
42	46		at any reasonable time, may enter:
43	47		(1) a building in the county in which a group home is
44	48		operated; and
45	49		(2) the premises of a building described by
46	50		Subdivision (1).
47	51		(e) The county fire marshal shall order the removal of a
48	52		building in which a group home is located, the removal of a
49	53		structure located on the premises of a building in which a group
50	54		home is located, or other remedial action if the marshal finds that:
51	55		(1) the building or structure, because of lack of
52	56		repair, age, dilapidated condition, or other reason, is susceptible
53	57		to fire and is so located or occupied that fire would endanger
54	58		persons or property in the building or structure or on the premises
55	59		of the building or structure;
56	60		(2) a dangerous condition is created by:
57	61		(A) an improper arrangement of stoves, ranges,
58	62		furnaces, or other heating appliances, including chimneys, flues,
59	63		and pipes with which they are connected, or by their lighting
60	64		systems or devices; or
61	65		(B) the manner of storage of explosives,
62	66		compounds, petroleum, gasoline, kerosene, dangerous chemicals,
63	67		vegetable products, ashes, or combustible, flammable, or refuse
64	68		materials; or
65	69		(3) any other condition exists that is dangerous or is
66	70		liable to cause or promote fire or create danger for firefighters,
67	71		occupants, or other buildings or structures.
68	72		(f) The person to whom an order under Subsection (e) is
69	73		directed shall immediately comply with the order. The marshal may,
70	74		if necessary, apply to a court of competent jurisdiction for writs
71	75		or orders necessary to enforce this section, and the court may grant
72	76		appropriate relief. The marshal is not required to give a bond.
73	77		(g) The commissioners court of a county may adopt any
74	78		appropriate standard developed by a nationally recognized
75	79		standards-making association under which the county fire marshal
76	80		may enforce this section, except that standards adopted under this
77	81		subsection do not apply in a municipality that has adopted fire
78	82		protection ordinances.
79	83		(h) The commissioners court of a county shall prescribe a
80	84		reasonable fee for an inspection performed by the county fire
81	85		marshal that may be charged to a property owner or occupant who
82	86		requests the inspection, as the commissioners court considers
83	87		appropriate. In prescribing the fee, the commissioners court shall
84	88		consider the overall cost to the marshal to perform the
85	89		inspections, including the approximate amount of time the staff of
86	90		the marshal needs to perform an inspection, travel costs, and other
87	91		expenses.
88	92		SECTION 2. Section 352.022, Local Government Code, is
89	93		amended to read as follows:
90	94		Sec. 352.022. PENALTY FOR FAILURE TO COMPLY WITH ORDER. An
91	95		owner or occupant who is subject to an order issued under Section
92	96		352.016 or 352.0165 commits an offense if that person fails to
93	97		comply with the order. Each refusal to comply is a separate
94	98		offense. The offense is a Class B misdemeanor unless it is shown on
95	99		the trial of the offense that the defendant has been previously
96	100		convicted two or more times under this section, in which event the
97	101		offense is a state jail felony.
98	102		SECTION 3. Section 352.022, Local Government Code, as
99	103		amended by this Act, applies only to an offense committed on or
100	104		after the effective date of this Act. An offense committed before
101	105		the effective date of this Act is governed by the law in effect on
102	106		the date the offense was committed, and the former law is continued
103	107		in effect for that purpose. For purposes of this section, an
104	108		offense was committed before the effective date of this Act if any
105	109		element of the offense occurred before that date.
106	110		SECTION 4. This Act takes effect September 1, 2021.
107		-	______________________________ ______________________________
108		-	President of the Senate Speaker of the House
109		-	I hereby certify that S.B. No. 504 passed the Senate on
110		-	May 4, 2021, by the following vote: Yeas 30, Nays 0; and that the
111		-	Senate concurred in House amendment on May 29, 2021, by the
112		-	following vote: Yeas 31, Nays 0.
113		-	______________________________
114		-	Secretary of the Senate
115		-	I hereby certify that S.B. No. 504 passed the House, with
116		-	amendment, on May 26, 2021, by the following vote: Yeas 110,
117		-	Nays 37, two present not voting.
118		-	______________________________
119		-	Chief Clerk of the House
120		-	Approved:
121		-	______________________________
122		-	Date
123		-	______________________________
124		-	Governor