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A BILL TO BE ENTITLED
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AN ACT
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relating to authority of a county fire marshal to inspect group |
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homes and assisted living facilities; authorizing a fee; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 352, Local Government |
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Code, is amended by adding Section 352.0165 to read as follows: |
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Sec. 352.0165. INSPECTION OF GROUP HOMES AND ASSISTED |
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LIVING FACILITIES; FEE. (a) In this section: |
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(1) "Assisted living facility" means a facility |
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licensed under Chapter 247, Health and Safety Code. |
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(2) "Group home" means an establishment: |
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(A) in which three or more individuals who are |
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unrelated to the owner or operator of the establishment reside; |
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(B) that provides residential care services to |
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residents; and |
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(C) that receives payment or other compensation |
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from a local, state, or federal governmental entity for providing |
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residential care services to a resident. |
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(3) "Residential care services" means shelter, |
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protection, meals, health care, mobility assistance, and personal |
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care services, including bathing, dressing, and eating. |
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(b) On the complaint of any person, the county fire marshal, |
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at any reasonable time, may enter: |
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(1) a building in the county in which a group home or |
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assisted living facility is operated; and |
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(2) the premises of a building described by |
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Subdivision (1). |
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(c) The county fire marshal shall order the removal of a |
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building in which a group home or assisted living facility is |
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located, the removal of a structure located on the premises of a |
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building in which a group home or assisted living facility is |
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located, or other remedial action if the marshal finds that: |
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(1) the building or structure, because of lack of |
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repair, age, dilapidated condition, or other reason, is susceptible |
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to fire and is so located or occupied that fire would endanger |
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persons or property in the building or structure or on the premises |
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of the building or structure; |
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(2) a dangerous condition is created by: |
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(A) an improper arrangement of stoves, ranges, |
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furnaces, or other heating appliances, including chimneys, flues, |
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and pipes with which they are connected, or by their lighting |
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systems or devices; or |
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(B) the manner of storage of explosives, |
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compounds, petroleum, gasoline, kerosene, dangerous chemicals, |
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vegetable products, ashes, or combustible, flammable, or refuse |
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materials; or |
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(3) any other condition exists that is dangerous or is |
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liable to cause or promote fire or create danger for firefighters, |
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occupants, or other buildings or structures. |
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(d) The person to whom an order under Subsection (c) is |
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directed shall immediately comply with the order. The marshal may, |
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if necessary, apply to a court of competent jurisdiction for writs |
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or orders necessary to enforce this section, and the court may grant |
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appropriate relief. The marshal is not required to give a bond. |
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(e) The commissioners court of a county may adopt any |
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appropriate standard developed by a nationally recognized |
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standards-making association under which the county fire marshal |
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may enforce this section, except that standards adopted under this |
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subsection do not apply in a municipality that has adopted fire |
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protection ordinances. |
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(f) The commissioners court of a county shall prescribe a |
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reasonable fee for an inspection performed by the county fire |
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marshal that may be charged to a property owner or occupant who |
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requests the inspection, as the commissioners court considers |
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appropriate. In prescribing the fee, the commissioners court shall |
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consider the overall cost to the marshal to perform the |
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inspections, including the approximate amount of time the staff of |
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the marshal needs to perform an inspection, travel costs, and other |
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expenses. |
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SECTION 2. Section 352.022, Local Government Code, is |
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amended to read as follows: |
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Sec. 352.022. PENALTY FOR FAILURE TO COMPLY WITH ORDER. An |
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owner or occupant who is subject to an order issued under Section |
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352.016 or 352.0165 commits an offense if that person fails to |
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comply with the order. Each refusal to comply is a separate offense. |
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The offense is a Class B misdemeanor unless it is shown on the trial |
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of the offense that the defendant has been previously convicted two |
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or more times under this section, in which event the offense is a |
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state jail felony. |
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SECTION 3. Section 352.022, Local Government Code, as |
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amended by this Act, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2021. |