Texas 2023 - 88th Regular

Texas Senate Bill SB1636 Compare Versions

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Version 2 (New)

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1	1	88R7631 MP-D
2	2	By: Zaffirini S.B. No. 1636
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of wildland-urban interface areas and
8	8	the adoption and enforcement of the wildland-urban interface code;
9	9	providing a civil penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 12, Agriculture Code, is amended by
12	12	adding Section 12.052 to read as follows:
13	13	Sec. 12.052. WILDLAND-URBAN INTERFACE CODE AND AREAS. (a)
14	14	In this section, "wildland-urban interface area" means the
15	15	geographic area where structures and other human development meets
16	16	or intermingles with wildland or vegetative fuels.
17	17	(b) The department by rule shall:
18	18	(1) adopt the Wildland-Urban Interface Code as it
19	19	existed on January 1, 2023, as the wildland-urban interface code
20	20	for this state; and
21	21	(2) designate the wildland-urban interface areas of
22	22	this state for which a municipality or county must under other law
23	23	enforce the wildland-urban interface code.
24	24	(c) In designating the wildland-urban interface areas of
25	25	this state under Subsection (b)(2), the department:
26	26	(1) shall consult:
27	27	(A) the Parks and Wildlife Department; and
28	28	(B) the Texas A&M AgriLife Extension Service; and
29	29	(2) may consult any other relevant state or federal
30	30	agency, political subdivision, or nongovernmental organization.
31	31	SECTION 2. Subchapter G, Chapter 214, Local Government
32	32	Code, is amended by adding Section 214.2165 to read as follows:
33	33	Sec. 214.2165. WILDLAND-URBAN INTERFACE CODE. (a) Each
34	34	municipality shall establish procedures for the administration and
35	35	enforcement of the wildland-urban interface code adopted under
36	36	Section 12.052, Agriculture Code, in a wildland-urban interface
37	37	area designated under that section that is located in the
38	38	municipality.
39	39	(b) To the extent of a conflict between the wildland-urban
40	40	interface code enforced under this section and an applicable fire
41	41	or building code, the more stringent provision prevails.
42	42	SECTION 3. The heading to Subchapter C, Chapter 233, Local
43	43	Government Code, is amended to read as follows:
44	44	SUBCHAPTER C. FIRE AND WILDLAND-URBAN INTERFACE CODES [CODE IN
45	45	UNINCORPORATED AREA]
46	46	SECTION 4. Subchapter C, Chapter 233, Local Government
47	47	Code, is amended by adding Section 233.0611 to read as follows:
48	48	Sec. 233.0611. ENFORCEMENT OF WILDLAND-URBAN INTERFACE
49	49	CODE. (a) The commissioners court of each county shall adopt rules
50	50	necessary to administer and enforce the wildland-urban interface
51	51	code adopted under Section 12.052, Agriculture Code.
52	52	(b) A wildland-urban interface code enforced under this
53	53	section applies only in the wildland-urban interface area
54	54	designated under Section 12.052, Agriculture Code, that is located
55	55	in the unincorporated area of the county.
56	56	(c) To the extent of any conflict between the wildland-urban
57	57	interface code enforced under this section and an applicable fire
58	58	or building code, the more stringent provision prevails.
59	59	SECTION 5. Sections 233.063(a) and (c), Local Government
60	60	Code, are amended to read as follows:
61	61	(a) A person may not construct or substantially improve a
62	62	building subject to a code adopted or enforced under this
63	63	subchapter [described by Section 233.062(a)] in an unincorporated
64	64	area of the county unless the person obtains a building permit
65	65	issued in accordance with this subchapter.
66	66	(c) Within 30 days after the date the commissioners court
67	67	receives an application and fee in accordance with Subsection (b),
68	68	the commissioners court shall:
69	69	(1) issue the permit if the plan complies with the
70	70	applicable codes adopted or enforced under this subchapter [fire
71	71	code]; or
72	72	(2) deny the permit if the plan does not comply with
73	73	the applicable codes adopted or enforced under this subchapter
74	74	[fire code].
75	75	SECTION 6. Sections 233.064(a), (d), (f), (g), and (h),
76	76	Local Government Code, are amended to read as follows:
77	77	(a) The county shall inspect a building subject to this
78	78	subchapter to determine whether the building complies with the
79	79	applicable codes adopted or enforced under this subchapter [fire
80	80	code].
81	81	(d) On or before the date that construction or substantial
82	82	improvement of a building subject to this subchapter is completed,
83	83	the owner of the building shall request in writing that the county
84	84	inspect the building for compliance with the applicable codes [fire
85	85	code].
86	86	(f) The county shall issue a final certificate of compliance
87	87	to the owner of a building inspected under this section if the
88	88	inspector determines, after an inspection of the completed
89	89	building, that the building complies with the applicable codes
90	90	[fire code]. For a building or complex of buildings involving
91	91	phased completion or build-out, the county may issue a partial
92	92	certificate of compliance for any portion of the building or
93	93	complex the inspector determines is in substantial compliance with
94	94	the applicable codes [fire code].
95	95	(g) If the inspector determines, after an inspection of the
96	96	completed building, that the building does not comply with the
97	97	applicable codes [fire code], the county may:
98	98	(1) deny the certificate of compliance; or
99	99	(2) issue a conditional or partial certificate of
100	100	compliance and allow the building to be occupied.
101	101	(h) A county that issues a conditional certificate of
102	102	compliance under Subsection (g) shall notify the owner of the
103	103	building of the violations of the applicable codes [fire code] and
104	104	establish a reasonable time to remedy the violations. A county may
105	105	revoke a conditional certificate of compliance if the owner does
106	106	not remedy the violations within the time specified on the
107	107	conditional certificate of compliance.
108	108	SECTION 7. Sections 233.065(c) and (d), Local Government
109	109	Code, are amended to read as follows:
110	110	(c) The county shall deposit fees received under this
111	111	subchapter in a special fund in the county treasury, and money in
112	112	that fund may be used only for the administration and enforcement of
113	113	a [the fire] code adopted or enforced under this subchapter.
114	114	(d) The fee for an [a fire code] inspection under this
115	115	subchapter must be reasonable and reflect the approximate cost of
116	116	the inspection personnel, materials, and administrative overhead.
117	117	SECTION 8. Section 233.066, Local Government Code, is
118	118	amended to read as follows:
119	119	Sec. 233.066. INJUNCTION. The appropriate attorney
120	120	representing the county in the district court may seek injunctive
121	121	relief to prevent the violation or threatened violation of a [the
122	122	fire] code adopted or enforced under this subchapter.
123	123	SECTION 9. Section 233.067(a), Local Government Code, is
124	124	amended to read as follows:
125	125	(a) The appropriate attorney representing the county in
126	126	civil cases may file a civil action in a court of competent
127	127	jurisdiction to recover from a person who violates a [the fire] code
128	128	adopted or enforced under this subchapter a civil penalty in an
129	129	amount not to exceed $200 for each day on which the violation
130	130	exists. In determining the amount of the penalty, the court shall
131	131	consider the seriousness of the violation.
132	132	SECTION 10. (a) Not later than November 1, 2023, the
133	133	Department of Agriculture by rule shall adopt a wildland-urban
134	134	interface code and designate the wildland-urban interface areas of
135	135	this state, as required by Section 12.052, Agriculture Code, as
136	136	added by this Act.
137	137	(b) Not later than December 1, 2023, the governing body of
138	138	each municipality and county shall adopt procedures or rules
139	139	necessary to administer and enforce the wildland-urban interface
140	140	code, as required by Sections 214.2165 and 233.0611, Local
141	141	Government Code, as added by this Act.
142	142	SECTION 11. This Act takes effect September 1, 2023.