HBA-KDB H.B. 2221 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2221
By: Hamric
Land & Resource Management
3/22/2001
Introduced



BACKGROUND AND PURPOSE 

In the past, when emergencies have occurred in unincorporated areas of some
counties, emergency service providers have experienced difficulties gaining
access to multi-unit housing projects (projects) from which the emergency
call originated.  Locked vehicular and pedestrian gates have inhibited
efforts by emergency vehicles and personnel to render aid.  In addition,
obstacles in and around a project entrance may prevent emergency service
vehicles from entering a project.  Furthermore, vehicular gates may be too
narrow to permit entry by emergency service vehicles.  Even in cases when
emergency service providers have been able to gain access to the complex,
providers have experienced difficulties finding the correct unit as
buildings within the project may not be numbered or clearly identifiable.
House Bill 2221 authorizes a county to regulate projects located in an
unincorporated area. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2221 amends the Local Government Code to authorize a county to
require the owner or owners association of a multi-unit housing project
(project) to comply with provisions for the regulation of vehicular and
pedestrian gates to assure reasonable access for firefighting vehicles and
equipment, emergency medical services vehicles, and law enforcement
officers.  The bill sets forth  requirements for a lock box to be located
near an entrance to a gated project.  In a gated project, at least one
vehicular gate must be wide enough for firefighting vehicles, firefighting
equipment, emergency medical services vehicles, or law enforcement vehicles
(emergency vehicles) to enter, and at least one driveway apron or entrance
from the public right-of-way must be free of permanent obstacles that might
impede entry by an emergency vehicle. The bill requires the county fire
marshal or other authority to waive the vehicular gate width requirements
for a gated project completed before January 1, 2002, if the requirements
cannot readily be met because of space limitations or excessive cost.  An
excessive cost for expanding gate width and achieving an obstacle-free
driveway apron or entrance is considered to be $6,000 per entrance based on
the value of the dollar on January 1, 2000.  A pedestrian gate in a gated
project must be located so as to provide firefighters, law enforcement
officers, and other emergency personnel reasonable access to each building.
The bill authorizes a county to require each residential building in a
project or gated project to have a number or letter in a contrasting color
on the side of the building and placed so that the number or letter can be
seen from the vehicular driving areas. 

The bill authorizes a county to require the owner or owners association of
a project to obtain a permit from the county fire marshal or other
authority with firefighting jurisdiction in the county to ensure
compliance. The bill authorizes a permit to be issued only if the
prescribed requirements and standards are met.  To pay for the cost of
administering the permits, a county is authorized to collect a one-time fee
not to exceed $50 from each person to whom a permit is issued.  The bill
sets forth provisions relating to the suspension or revocation of a permit
and limitations for county standards on gated projects.  The bill provides
that it is a Class C misdemeanor if a person violates these provisions or a
regulation adopted under the Act.  The  bill applies only to a project or
gated project located outside of municipal boundaries in an area not
already subject to municipal regulations regarding vehicular or pedestrian
gates.  The bill prohibits a county from requiring the permit before
January 1, 2002.  The bill specifies the dates on which the additional
accessibility requirements apply to different projects. 

EFFECTIVE DATE

September 1, 2001.