77R15401 YDB-D By Naishtat H.B. No. 3701 Substitute the following for H.B. No. 3701: By Rangel C.S.H.B. No. 3701 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the requirement that certain off-campus housing for 1-3 students of institutions of higher education be equipped with a 1-4 fire protection sprinkler system; providing a penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subtitle C, Title 9, Health and Safety Code, is 1-7 amended by adding Chapter 796 to read as follows: 1-8 CHAPTER 796. FIRE PROTECTION SPRINKLER SYSTEMS 1-9 Sec. 796.001. DEFINITIONS. In this chapter: 1-10 (1) "Fire protection sprinkler system" means an 1-11 assembly of underground or overhead piping or conduits that conveys 1-12 water with or without other agents to dispersal openings or devices 1-13 to extinguish, control, or contain fire and to provide protection 1-14 from exposure to fire or the products of combustion. 1-15 (2) "High-rise building" means a building that extends 1-16 75 feet or more from the ground to an access that is located on the 1-17 highest occupied floor and that is available for fire department 1-18 use. 1-19 Sec. 796.002. FIRE PROTECTION SPRINKLER SYSTEMS IN CERTAIN 1-20 BUILDINGS. A high-rise building used predominantly as off-campus 1-21 housing for students of an institution of higher education must be 1-22 equipped with a complete fire protection sprinkler system that is 1-23 in good working order and is in compliance with the standard 1-24 required by Section 796.003. 2-1 Sec. 796.003. STANDARD. (a) The governing body of the 2-2 municipality in which a high-rise building subject to this chapter 2-3 is located or, if the building is not located in a municipality, 2-4 the commissioners court of the county in which the building is 2-5 located shall adopt a standard for the installation of fire 2-6 protection sprinkler systems in high-rise buildings. 2-7 (b) The standard adopted must be in compliance with the 2-8 National Fire Protection Association 13, Standard for the 2-9 Installation of Sprinkler Systems. Until the governing board of 2-10 the municipality or county, as appropriate, adopts a standard as 2-11 required by this section, the standard is the Standard for the 2-12 Installation of Sprinkler Systems of the National Fire Protection 2-13 Association, as that standard existed on May 1, 2001. 2-14 Sec. 796.004. ENFORCEMENT. (a) The attorney general, the 2-15 county attorney of a county in which the building is located, or 2-16 the district attorney of a district in which the building is 2-17 located may bring an action in the name of the state for an 2-18 injunction or other process to enforce this chapter against the 2-19 owner or person in charge of the building. 2-20 (b) The action must be brought in the district court of the 2-21 county in which the building is located. 2-22 (c) The action may be prosecuted by the attorney general, 2-23 the county attorney, or the district attorney on that person's own 2-24 motion, or at the request of any individual, including the state 2-25 fire marshal, an inspector of the State Board of Insurance, the 2-26 chief of a municipal fire department, or a municipal fire marshal. 2-27 (d) A district judge may issue a mandatory injunction or 3-1 other writ against a person to enforce this chapter. Disobedience 3-2 of the injunction constitutes contempt of court and is punishable 3-3 in the manner provided for contempt. 3-4 (e) The court may hear the case and may grant an injunction 3-5 after the defendant has received 10 days' notice of the time and 3-6 place set for the hearing on the injunction. 3-7 Sec. 796.005. CRIMINAL PENALTY. (a) A person commits an 3-8 offense if the person is the owner of a building that does not 3-9 comply with Section 796.002. 3-10 (b) A person commits an offense if the person serves as an 3-11 agent in the care, management, supervision, control, or renting of 3-12 a building for an owner who is not a resident of this state and if 3-13 the building does not comply with Section 796.002. 3-14 (c) An offense under this section is punishable by a fine of 3-15 $10,000 or more. If the defendant is a corporation, each officer 3-16 or member of the board of directors of the corporation is subject 3-17 to the fine. 3-18 (d) Each day on which the elements of the offense exist 3-19 constitutes a separate offense. 3-20 SECTION 2. A building constructed before the effective date 3-21 of this Act or a building for which a construction contract was 3-22 made before the effective date of this Act is not required to 3-23 comply with Chapter 796, Health and Safety Code, as added by this 3-24 Act, before September 1, 2002. 3-25 SECTION 3. This Act takes effect September 1, 2001.