By: Lindsay S.B. No. 1147
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. LOCKBOX REQUIREMENTS. (a) Each vehicular
1-23 gate to the multi-unit housing project must have a lockbox within
1-24 sight of the gate and in close proximity outside the gate. The
1-25 lockbox at all times must contain a key, card, or code to open the
2-1 gate or a key switch or cable mechanism that overrides the key,
2-2 card, or code that normally opens the gate and allows the gate to
2-3 be opened manually.
2-4 (b) If there are one or more pedestrian gates to the
2-5 multi-unit housing project and no vehicular gate, at least one
2-6 pedestrian gate must have a lockbox within sight of the gate and in
2-7 close proximity outside the gate. The lockbox at all times must
2-8 contain a key, card, code, key switch, or cable mechanism to open
2-9 the gate.
2-10 (c) If different pedestrian gates are operated by different
2-11 keys, cards, or codes, the lockbox must contain:
2-12 (1) each key, card, or code, properly labeled for its
2-13 respective gate; or
2-14 (2) a single master key, card, or code or a key switch
2-15 or cable mechanism that will open every gate.
2-16 (d) Access to a lockbox required by this section shall be
2-17 limited to a person or agency providing fire-fighting or emergency
2-18 medical services or law enforcement for the county.
2-19 (e) If a gate is powered by electricity, it must be possible
2-20 to open the gate without a key, card, code, or key switch if the
2-21 gate loses electrical power.
2-22 Sec. 352.115. ADDITIONAL ACCESSIBILITY REQUIREMENTS.
2-23 (a) In a multi-unit housing project that has one or more vehicular
2-24 gates:
2-25 (1) at least one vehicular gate must be wide enough
2-26 for fire-fighting vehicles, fire-fighting equipment, emergency
3-1 medical services vehicles, or law enforcement vehicles to enter;
3-2 and
3-3 (2) at least one driveway apron or entrance from the
3-4 public right-of-way must be free of permanent obstacles that might
3-5 impede entry by a vehicle or equipment listed in Subdivision (1).
3-6 (b) The county fire marshal or other authority shall waive
3-7 the vehicular gate width requirements of Subsection (a) for a
3-8 multi-unit housing project completed before January 1, 2002, if the
3-9 requirements cannot readily be met because of space limitations or
3-10 excessive cost. For purposes of this subsection, $6,000 per
3-11 entrance based on the value of the dollar on January 1, 2000, is
3-12 considered an excessive cost for expanding gate width and achieving
3-13 an obstacle-free driveway apron or entrance.
3-14 (c) A pedestrian gate in a multi-unit housing project must
3-15 be located so as to provide firefighters, law enforcement officers,
3-16 and other emergency personnel reasonable access to each building.
3-17 (d) This section does not require a multi-unit housing
3-18 project to have a vehicular gate or a pedestrian gate.
3-19 Sec. 352.116. BUILDING IDENTIFICATION. A county may require
3-20 each residential building in a multi-unit housing project to have a
3-21 number or letter in a contrasting color on the side of the building
3-22 and placed so that the number or letter can be seen from the
3-23 vehicular driving areas by a responding emergency agency.
3-24 Sec. 352.117. COUNTY AUTHORITY TO REQUIRE PERMIT. (a) A
3-25 county may require the owner or the owners association of a
3-26 multi-unit housing project to obtain a permit from the county fire
4-1 marshal or other authority with fire-fighting jurisdiction in the
4-2 county to ensure compliance with this subchapter.
4-3 (b) A permit may be issued under this subchapter only if the
4-4 requirements of this subchapter and standards adopted under this
4-5 subchapter are met.
4-6 (c) To pay for the cost of administering the permits, the
4-7 county may collect a one-time fee not to exceed $50 from each
4-8 person to whom a permit is issued under this section.
4-9 Sec. 352.118. SUSPENSION OR REVOCATION OF LICENSE. (a) A
4-10 permit issued under this subchapter may be suspended or revoked for
4-11 violation of this subchapter or a regulation adopted under this
4-12 subchapter after notice and a hearing on a complaint by the county
4-13 fire marshal or other authority having jurisdiction for fire
4-14 fighting, emergency medical service, or law enforcement. The
4-15 hearing shall be held by the commissioners court of the county or
4-16 by a person or entity designated by the commissioners court.
4-17 (b) A permit may be reinstated or a new permit issued if
4-18 each violation that is a ground of the complaint is corrected
4-19 within the time prescribed by the entity that holds the hearing.
4-20 Sec. 352.119. LIMITATION ON SPECIFIC COUNTY STANDARDS.
4-21 (a) A county may not impose under this subchapter specific
4-22 standards relating to vehicular gate widths, obstacle-free driveway
4-23 aprons or entrances, pedestrian gate locations, or building numbers
4-24 that exceed the requirements for new multi-unit housing projects
4-25 contained in the municipal ordinances of:
4-26 (1) the municipality within whose extraterritorial
5-1 jurisdiction the multi-unit housing project is located; or
5-2 (2) the municipality nearest, on a straight line, to
5-3 the boundary of the multi-unit housing project, if the project is
5-4 not within the extraterritorial jurisdiction of a municipality.
5-5 (b) The county fire marshal or other authority with
5-6 fire-fighting jurisdiction may adopt reasonable standards relating
5-7 to vehicular gate width, obstacle-free driveway aprons or
5-8 entrances, pedestrian gate locations, and building numbers if the
5-9 appropriate municipality described by Subsection (a) has not
5-10 adopted applicable standards.
5-11 Sec. 352.120. OFFENSE. A person who violates this
5-12 subchapter or a regulation adopted under this subchapter in a
5-13 county that requires compliance with this subchapter under Section
5-14 352.113 commits an offense. An offense under this section is a
5-15 Class C misdemeanor.
5-16 SECTION 2. (a) This Act takes effect September 1, 2001.
5-17 (b) A county may not require the permit authorized by
5-18 Section 352.117, Local Government Code, as added by this Act,
5-19 before January 1, 2002.
5-20 (c) The requirements imposed by Section 352.115, Local
5-21 Government Code, as added by this Act, apply:
5-22 (1) beginning on January 1, 2002, to a multi-unit
5-23 housing project the electricity for the initial construction of
5-24 which is connected on or after January 1, 2002; and
5-25 (2) beginning on January 1, 2003, to all other
5-26 multi-unit housing projects.