By Naishtat                                           H.B. No. 3701
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                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 over and is in compliance with the standard
 2-1     required by Section 796.003.
 2-2           Sec. 796.003.  STANDARD. (a)  The governing body of the
 2-3     municipality in which  a high-rise building subject to this chapter
 2-4     is located or, if the building is not located in a municipality,
 2-5     the commissioner's court of the county in which the building is
 2-6     located shall adopt a standard for the installation of fire
 2-7     protection sprinkler systems in high-rise buildings.
 2-8           (b)  The standard adopted must be in compliance with the
 2-9     National Fire Protection Association 13, Standard for the
2-10     Installation of Sprinkler Systems.  Until the governing board of
2-11     the municipality or county, as appropriate, adopts a standard as
2-12     required by this section, the standard is the  Standard for the
2-13     Installation of Sprinkler Systems of the National Fire Protection
2-14     Association, as that standard existed on May 1, 2001.
2-15           Sec. 796.004.  ENFORCEMENT. (a)  The attorney general, the
2-16     county attorney of a county in which the building is located, or
2-17     the district attorney of a district in which the building is
2-18     located may bring an action in the name of the state for an
2-19     injunction or other process to enforce this chapter against the
2-20     owner or person in charge of the building.
2-21           (b)  The action must be brought in the district court of the
2-22     county in which the building is located.
2-23           (c)  The action may be prosecuted by the attorney general,
2-24     the county attorney, or the district attorney on that person's own
2-25     motion, or on the relation of any individual, including the state
2-26     fire marshal, an inspector of the State Board of Insurance, the
 3-1     chief of a municipal fire department, or a municipal fire marshal.
 3-2           (d)  A district judge may issue a mandatory injunction or
 3-3     other writ against a person to enforce this chapter.  Disobedience
 3-4     of the injunction constitutes contempt of court and is punishable
 3-5     in the manner provided for contempt.
 3-6           (e)  The court may hear the case and may grant an injunction
 3-7     after the defendant has received 10 days' notice of the time and
 3-8     place set for the hearing on the injunction.
 3-9           Sec. 796.005.  CRIMINAL PENALTY. (a)  A person commits an
3-10     offense if the person is the owner of a building that does not
3-11     comply with Section 796.002.
3-12           (b)  A person commits an offense if the person serves as an
3-13     agent in the care, management, supervision, control, or renting of
3-14     a building for an owner who is not a resident of this state and if
3-15     the building does not comply with Section 796.002.
3-16           (c)  An offense under this section is punishable by a fine of
3-17     $10,000 or more.  If the defendant is a corporation, each officer
3-18     or member of the board of directors of the corporation is subject
3-19     to the fine.
3-20           (e)  Each day on which the elements of the offense exist
3-21     constitutes a separate offense.
3-22           SECTION 2. (a)  A building constructed before the effective
3-23     date of this Act or a building for which a construction contract
3-24     was made before the effective date of this Act, is not required to
3-25     comply with Chapter 796, Health and Safety Code, as added by this
3-26     Act, before September 1, 2002.
 4-1           SECTION 3. This Act takes effect September 1, 2001.