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.