77R11293 MI-F By Hamric H.B. No. 2221 Substitute the following for H.B. No. 2221: By Krusee C.S.H.B. No. 2221 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to county authority to regulate vehicular or pedestrian 1-3 gates to and to require building numbers for certain multi-unit 1-4 housing projects; providing a penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 352, Local Government Code, is amended by 1-7 adding Subchapter E to read as follows: 1-8 SUBCHAPTER E. GATED MULTI-UNIT HOUSING PROJECTS 1-9 Sec. 352.111. HOUSING PROJECT SUBJECT TO SUBCHAPTER. This 1-10 subchapter applies only to a multi-unit housing project located 1-11 outside municipal boundaries in an area not already subject to 1-12 municipal regulations regarding vehicular or pedestrian gates. 1-13 Sec. 352.112. DEFINITION. In this subchapter, "multi-unit 1-14 housing project" means an apartment, condominium, or townhome 1-15 project that contains two or more dwelling units. 1-16 Sec. 352.113. COUNTY AUTHORITY TO REGULATE VEHICULAR OR 1-17 PEDESTRIAN GATES TO MULTI-UNIT HOUSING PROJECTS. To assure 1-18 reasonable access for fire-fighting vehicles and equipment, 1-19 emergency medical services vehicles, and law enforcement officers, 1-20 a county may require the owner or the owners association of a 1-21 multi-unit housing project to comply with this subchapter. 1-22 Sec. 352.114. LOCK BOX REQUIREMENTS. (a) Each vehicular 1-23 gate to the multi-unit housing project must have a lock box within 1-24 sight of the gate and in close proximity outside the gate. The 2-1 lock box at all times must contain a key, card, or code to open the 2-2 gate or a key switch or cable mechanism that overrides the key, 2-3 card, or code that normally opens the gate and allows the gate to 2-4 be opened manually. 2-5 (b) If there are one or more pedestrian gates to the 2-6 multi-unit housing project and no vehicular gate, at least one 2-7 pedestrian gate must have a lock box within sight of the gate and 2-8 in close proximity outside the gate. The lock box at all times 2-9 must contain a key, card, code, key switch, or cable mechanism to 2-10 open the gate. 2-11 (c) If different pedestrian gates are operated by different 2-12 keys, cards, or codes, the lock box must contain: 2-13 (1) each key, card, or code, properly labeled for its 2-14 respective gate; or 2-15 (2) a single master key, card, or code or a key switch 2-16 or cable mechanism that will open every gate. 2-17 (d) Access to a lock box required by this section shall be 2-18 limited to a person or agency providing fire-fighting or emergency 2-19 medical services or law enforcement for the county. 2-20 (e) If a gate is powered by electricity, it must be possible 2-21 to open the gate without a key, card, code, or key switch if the 2-22 gate loses electrical power. 2-23 Sec. 352.115. ADDITIONAL ACCESSIBILITY REQUIREMENTS. (a) In 2-24 a multi-unit housing project that has one or more vehicular gates: 2-25 (1) at least one vehicular gate must be wide enough 2-26 for fire-fighting vehicles, fire-fighting equipment, emergency 2-27 medical services vehicles, or law enforcement vehicles to enter; 3-1 and 3-2 (2) at least one driveway apron or entrance from the 3-3 public right-of-way must be free of permanent obstacles that might 3-4 impede entry by a vehicle or equipment listed in Subdivision (1). 3-5 (b) The county fire marshal or other authority shall waive 3-6 the vehicular gate width requirements of Subsection (a) for a 3-7 multi-unit housing project completed before January 1, 2002, if the 3-8 requirements cannot readily be met because of space limitations or 3-9 excessive cost. For purposes of this subsection, $6,000 per 3-10 entrance based on the value of the dollar on January 1, 2000, is 3-11 considered an excessive cost for expanding gate width and achieving 3-12 an obstacle-free driveway apron or entrance. 3-13 (c) A pedestrian gate in a multi-unit housing project must 3-14 be located so as to provide firefighters, law enforcement officers, 3-15 and other emergency personnel reasonable access to each building. 3-16 (d) This section does not require a multi-unit housing 3-17 project to have a vehicular gate or a pedestrian gate. 3-18 Sec. 352.116. BUILDING IDENTIFICATION. A county may require 3-19 each residential building in a multi-unit housing project to have a 3-20 number or letter in a contrasting color on the side of the building 3-21 and placed so that the number or letter can be seen from the 3-22 vehicular driving areas by a responding emergency agency. 3-23 Sec. 352.117. COUNTY AUTHORITY TO REQUIRE PERMIT. (a) A 3-24 county may require the owner or the owners association of a 3-25 multi-unit housing project to obtain a permit from the county fire 3-26 marshal or other authority with fire-fighting jurisdiction in the 3-27 county to ensure compliance with this subchapter. 4-1 (b) A permit may be issued under this subchapter only if the 4-2 requirements of this subchapter and standards adopted under this 4-3 subchapter are met. 4-4 (c) To pay for the cost of administering the permits, the 4-5 county may collect a one-time fee not to exceed $50 from each 4-6 person to whom a permit is issued under this section. 4-7 Sec. 352.118. SUSPENSION OR REVOCATION OF LICENSE. (a) A 4-8 permit issued under this subchapter may be suspended or revoked for 4-9 violation of this subchapter or a regulation adopted under this 4-10 subchapter after notice and a hearing on a complaint by the county 4-11 fire marshal or other authority having jurisdiction for 4-12 fire-fighting, emergency medical service, or law enforcement. The 4-13 hearing shall be held by the commissioners court of the county or 4-14 by a person or entity designated by the commissioners court. 4-15 (b) A permit may be reinstated or a new permit issued if 4-16 each violation that is a ground of the complaint is corrected 4-17 within the time prescribed by the entity that holds the hearing. 4-18 Sec. 352.119. LIMITATION ON SPECIFIC COUNTY STANDARDS. (a) 4-19 A county may not impose under this subchapter specific standards 4-20 relating to vehicular gate widths, obstacle-free driveway aprons or 4-21 entrances, pedestrian gate locations, or building numbers that 4-22 exceed the requirements for new multi-unit housing projects 4-23 contained in the municipal ordinances of: 4-24 (1) the municipality within whose extraterritorial 4-25 jurisdiction the multi-unit housing project is located; or 4-26 (2) the municipality nearest, on a straight line, to 4-27 the boundary of the multi-unit housing project, if the project is 5-1 not within the extraterritorial jurisdiction of a municipality. 5-2 (b) The county fire marshal or other authority with 5-3 fire-fighting jurisdiction may adopt reasonable standards relating 5-4 to vehicular gate width, obstacle-free driveway aprons or 5-5 entrances, pedestrian gate locations, and building numbers if the 5-6 appropriate municipality described by Subsection (a) has not 5-7 adopted applicable standards. 5-8 Sec. 352.120. OFFENSE. A person who violates this subchapter 5-9 or a regulation adopted under this subchapter in a county that 5-10 requires compliance with this subchapter under Section 352.113 5-11 commits an offense. An offense under this section is a Class C 5-12 misdemeanor. 5-13 SECTION 2. (a) This Act takes effect September 1, 2001. 5-14 (b) A county may not require the permit authorized by 5-15 Section 352.117, Local Government Code, as added by this Act, 5-16 before January 1, 2002. 5-17 (c) The requirements imposed by Section 352.115, Local 5-18 Government Code, as added by this Act, apply: 5-19 (1) beginning on January 1, 2002, to a multi-unit 5-20 housing project the electricity for the initial construction of 5-21 which is connected on or after January 1, 2002; and 5-22 (2) beginning on January 1, 2003, to all other 5-23 multi-unit housing projects.