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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of a county fire code and the |
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authority of a county fire marshal in certain areas subject to |
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another fire code or certain interlocal agreements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 233.062(b), Local Government Code, is |
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amended to read as follows: |
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(b) The fire code does not apply: |
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(1) to an industrial facility having a fire brigade |
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that conforms to requirements of the Occupational Health and Safety |
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Administration; or |
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(2) in an area: |
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(A) located in a county with a population of more |
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than 1.1 million and less than two million; and |
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(B) subject to: |
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(i) a fire code adopted and enforced by a |
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municipality or emergency services district; or |
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(ii) an interlocal agreement between the |
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county and a municipality or emergency services district for the |
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county to not enforce the county fire code. |
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SECTION 2. Subchapter B, Chapter 352, Local Government |
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Code, is amended by adding Section 352.0195 to read as follows: |
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Sec. 352.0195. LIMITED AUTHORITY IN CERTAIN AREAS. (a) |
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This section applies only to an area described by Section |
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233.062(b)(2). |
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(b) The county fire marshal for a county in which an area to |
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which this section applies is located may not enforce the county's |
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fire code or act under Section 352.013, 352.015, or 352.016 in that |
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area. |
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SECTION 3. This Act takes effect September 1, 2023. |