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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of wildland-urban interface areas and |
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the adoption and enforcement of the wildland-urban interface code; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 12, Agriculture Code, is amended by |
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adding Section 12.052 to read as follows: |
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Sec. 12.052. WILDLAND-URBAN INTERFACE CODE AND AREAS. (a) |
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In this section, "wildland-urban interface area" means the |
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geographic area where structures and other human development meets |
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or intermingles with wildland or vegetative fuels. |
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(b) The department by rule shall: |
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(1) adopt the Wildland-Urban Interface Code as it |
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existed on January 1, 2023, as the wildland-urban interface code |
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for this state; and |
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(2) designate the wildland-urban interface areas of |
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this state for which a municipality or county must under other law |
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enforce the wildland-urban interface code. |
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(c) In designating the wildland-urban interface areas of |
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this state under Subsection (b)(2), the department: |
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(1) shall consult: |
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(A) the Parks and Wildlife Department; and |
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(B) the Texas A&M AgriLife Extension Service; and |
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(2) may consult any other relevant state or federal |
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agency, political subdivision, or nongovernmental organization. |
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SECTION 2. Subchapter G, Chapter 214, Local Government |
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Code, is amended by adding Section 214.2165 to read as follows: |
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Sec. 214.2165. WILDLAND-URBAN INTERFACE CODE. (a) Each |
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municipality shall establish procedures for the administration and |
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enforcement of the wildland-urban interface code adopted under |
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Section 12.052, Agriculture Code, in a wildland-urban interface |
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area designated under that section that is located in the |
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municipality. |
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(b) To the extent of a conflict between the wildland-urban |
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interface code enforced under this section and an applicable fire |
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or building code, the more stringent provision prevails. |
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SECTION 3. The heading to Subchapter C, Chapter 233, Local |
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Government Code, is amended to read as follows: |
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SUBCHAPTER C. FIRE AND WILDLAND-URBAN INTERFACE CODES [CODE IN |
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UNINCORPORATED AREA] |
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SECTION 4. Subchapter C, Chapter 233, Local Government |
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Code, is amended by adding Section 233.0611 to read as follows: |
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Sec. 233.0611. ENFORCEMENT OF WILDLAND-URBAN INTERFACE |
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CODE. (a) The commissioners court of each county shall adopt rules |
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necessary to administer and enforce the wildland-urban interface |
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code adopted under Section 12.052, Agriculture Code. |
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(b) A wildland-urban interface code enforced under this |
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section applies only in the wildland-urban interface area |
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designated under Section 12.052, Agriculture Code, that is located |
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in the unincorporated area of the county. |
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(c) To the extent of any conflict between the wildland-urban |
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interface code enforced under this section and an applicable fire |
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or building code, the more stringent provision prevails. |
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SECTION 5. Sections 233.063(a) and (c), Local Government |
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Code, are amended to read as follows: |
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(a) A person may not construct or substantially improve a |
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building subject to a code adopted or enforced under this |
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subchapter [described by Section 233.062(a)] in an unincorporated |
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area of the county unless the person obtains a building permit |
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issued in accordance with this subchapter. |
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(c) Within 30 days after the date the commissioners court |
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receives an application and fee in accordance with Subsection (b), |
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the commissioners court shall: |
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(1) issue the permit if the plan complies with the |
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applicable codes adopted or enforced under this subchapter [fire |
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code]; or |
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(2) deny the permit if the plan does not comply with |
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the applicable codes adopted or enforced under this subchapter |
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[fire code]. |
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SECTION 6. Sections 233.064(a), (d), (f), (g), and (h), |
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Local Government Code, are amended to read as follows: |
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(a) The county shall inspect a building subject to this |
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subchapter to determine whether the building complies with the |
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applicable codes adopted or enforced under this subchapter [fire |
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code]. |
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(d) On or before the date that construction or substantial |
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improvement of a building subject to this subchapter is completed, |
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the owner of the building shall request in writing that the county |
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inspect the building for compliance with the applicable codes [fire |
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code]. |
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(f) The county shall issue a final certificate of compliance |
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to the owner of a building inspected under this section if the |
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inspector determines, after an inspection of the completed |
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building, that the building complies with the applicable codes |
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[fire code]. For a building or complex of buildings involving |
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phased completion or build-out, the county may issue a partial |
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certificate of compliance for any portion of the building or |
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complex the inspector determines is in substantial compliance with |
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the applicable codes [fire code]. |
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(g) If the inspector determines, after an inspection of the |
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completed building, that the building does not comply with the |
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applicable codes [fire code], the county may: |
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(1) deny the certificate of compliance; or |
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(2) issue a conditional or partial certificate of |
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compliance and allow the building to be occupied. |
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(h) A county that issues a conditional certificate of |
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compliance under Subsection (g) shall notify the owner of the |
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building of the violations of the applicable codes [fire code] and |
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establish a reasonable time to remedy the violations. A county may |
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revoke a conditional certificate of compliance if the owner does |
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not remedy the violations within the time specified on the |
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conditional certificate of compliance. |
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SECTION 7. Sections 233.065(c) and (d), Local Government |
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Code, are amended to read as follows: |
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(c) The county shall deposit fees received under this |
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subchapter in a special fund in the county treasury, and money in |
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that fund may be used only for the administration and enforcement of |
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a [the fire] code adopted or enforced under this subchapter. |
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(d) The fee for an [a fire code] inspection under this |
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subchapter must be reasonable and reflect the approximate cost of |
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the inspection personnel, materials, and administrative overhead. |
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SECTION 8. Section 233.066, Local Government Code, is |
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amended to read as follows: |
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Sec. 233.066. INJUNCTION. The appropriate attorney |
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representing the county in the district court may seek injunctive |
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relief to prevent the violation or threatened violation of a [the |
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fire] code adopted or enforced under this subchapter. |
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SECTION 9. Section 233.067(a), Local Government Code, is |
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amended to read as follows: |
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(a) The appropriate attorney representing the county in |
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civil cases may file a civil action in a court of competent |
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jurisdiction to recover from a person who violates a [the fire] code |
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adopted or enforced under this subchapter a civil penalty in an |
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amount not to exceed $200 for each day on which the violation |
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exists. In determining the amount of the penalty, the court shall |
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consider the seriousness of the violation. |
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SECTION 10. (a) Not later than November 1, 2023, the |
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Department of Agriculture by rule shall adopt a wildland-urban |
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interface code and designate the wildland-urban interface areas of |
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this state, as required by Section 12.052, Agriculture Code, as |
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added by this Act. |
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(b) Not later than December 1, 2023, the governing body of |
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each municipality and county shall adopt procedures or rules |
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necessary to administer and enforce the wildland-urban interface |
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code, as required by Sections 214.2165 and 233.0611, Local |
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Government Code, as added by this Act. |
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SECTION 11. This Act takes effect September 1, 2023. |