1-1 By: Lindsay S.B. No. 1147 1-2 (In the Senate - Filed March 6, 2001; March 7, 2001, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; April 2, 2001, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 6, Nays 0; 1-6 April 2, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1147 By: Staples 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to county authority to regulate vehicular or pedestrian 1-11 gates to and to require building numbers for certain multi-unit 1-12 housing projects; providing a penalty. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Chapter 352, Local Government Code, is amended by 1-15 adding Subchapter E to read as follows: 1-16 SUBCHAPTER E. GATED MULTI-UNIT HOUSING PROJECTS 1-17 Sec. 352.111. HOUSING PROJECT SUBJECT TO SUBCHAPTER. This 1-18 subchapter applies only to a multi-unit housing project located 1-19 outside municipal boundaries in an area not already subject to 1-20 municipal regulations regarding vehicular or pedestrian gates. 1-21 Sec. 352.112. DEFINITION. In this subchapter, "multi-unit 1-22 housing project" means an apartment, condominium, or townhome 1-23 project that contains two or more dwelling units. 1-24 Sec. 352.113. COUNTY AUTHORITY TO REGULATE VEHICULAR OR 1-25 PEDESTRIAN GATES TO MULTI-UNIT HOUSING PROJECTS. To assure 1-26 reasonable access for fire-fighting vehicles and equipment, 1-27 emergency medical services vehicles, and law enforcement officers, 1-28 a county may require the owner or the owners association of a 1-29 multi-unit housing project to comply with this subchapter. 1-30 Sec. 352.114. LOCKBOX REQUIREMENTS. (a) Each vehicular 1-31 gate to the multi-unit housing project must have a lockbox within 1-32 sight of the gate and in close proximity outside the gate. The 1-33 lockbox at all times must contain a key, card, or code to open the 1-34 gate or a key switch or cable mechanism that overrides the key, 1-35 card, or code that normally opens the gate and allows the gate to 1-36 be opened manually. 1-37 (b) If there are one or more pedestrian gates to the 1-38 multi-unit housing project and no vehicular gate, at least one 1-39 pedestrian gate must have a lockbox within sight of the gate and in 1-40 close proximity outside the gate. The lockbox at all times must 1-41 contain a key, card, code, key switch, or cable mechanism to open 1-42 the gate. 1-43 (c) If different pedestrian gates are operated by different 1-44 keys, cards, or codes, the lockbox must contain: 1-45 (1) each key, card, or code, properly labeled for its 1-46 respective gate; or 1-47 (2) a single master key, card, or code or a key switch 1-48 or cable mechanism that will open every gate. 1-49 (d) Access to a lockbox required by this section shall be 1-50 limited to a person or agency providing fire-fighting or emergency 1-51 medical services or law enforcement for the county. 1-52 (e) If a gate is powered by electricity, it must be possible 1-53 to open the gate without a key, card, code, or key switch if the 1-54 gate loses electrical power. 1-55 Sec. 352.115. ADDITIONAL ACCESSIBILITY REQUIREMENTS. 1-56 (a) In a multi-unit housing project that has one or more vehicular 1-57 gates: 1-58 (1) at least one vehicular gate must be wide enough 1-59 for fire-fighting vehicles, fire-fighting equipment, emergency 1-60 medical services vehicles, or law enforcement vehicles to enter; 1-61 and 1-62 (2) at least one driveway apron or entrance from the 1-63 public right-of-way must be free of permanent obstacles that might 1-64 impede entry by a vehicle or equipment listed in Subdivision (1). 2-1 (b) The county fire marshal or other authority shall waive 2-2 the vehicular gate width requirements of Subsection (a) for a 2-3 multi-unit housing project completed before January 1, 2002, if the 2-4 requirements cannot readily be met because of space limitations or 2-5 excessive cost. For purposes of this subsection, $6,000 per 2-6 entrance based on the value of the dollar on January 1, 2000, is 2-7 considered an excessive cost for expanding gate width and achieving 2-8 an obstacle-free driveway apron or entrance. 2-9 (c) A pedestrian gate in a multi-unit housing project must 2-10 be located so as to provide firefighters, law enforcement officers, 2-11 and other emergency personnel reasonable access to each building. 2-12 (d) This section does not require a multi-unit housing 2-13 project to have a vehicular gate or a pedestrian gate. 2-14 Sec. 352.116. BUILDING IDENTIFICATION. A county may require 2-15 each residential building in a multi-unit housing project to have a 2-16 number or letter in a contrasting color on the side of the building 2-17 and placed so that the number or letter can be seen from the 2-18 vehicular driving areas by a responding emergency agency. 2-19 Sec. 352.117. COUNTY AUTHORITY TO REQUIRE PERMIT. (a) A 2-20 county may require the owner or the owners association of a 2-21 multi-unit housing project to obtain a permit from the county fire 2-22 marshal or other authority with fire-fighting jurisdiction in the 2-23 county to ensure compliance with this subchapter. 2-24 (b) A permit may be issued under this subchapter only if the 2-25 requirements of this subchapter and standards adopted under this 2-26 subchapter are met. 2-27 (c) To pay for the cost of administering the permits, the 2-28 county may collect a one-time fee not to exceed $50 from each 2-29 person to whom a permit is issued under this section. 2-30 Sec. 352.118. SUSPENSION OR REVOCATION OF LICENSE. (a) A 2-31 permit issued under this subchapter may be suspended or revoked for 2-32 violation of this subchapter or a regulation adopted under this 2-33 subchapter after notice and a hearing on a complaint by the county 2-34 fire marshal or other authority having jurisdiction for 2-35 firefighting, emergency medical service, or law enforcement. The 2-36 hearing shall be held by the commissioners court of the county or 2-37 by a person or entity designated by the commissioners court. 2-38 (b) A permit may be reinstated or a new permit issued if 2-39 each violation that is a ground of the complaint is corrected 2-40 within the time prescribed by the entity that holds the hearing. 2-41 Sec. 352.119. LIMITATION ON SPECIFIC COUNTY STANDARDS. 2-42 (a) A county may not impose under this subchapter specific 2-43 standards relating to vehicular gate widths, obstacle-free driveway 2-44 aprons or entrances, pedestrian gate locations, or building numbers 2-45 that exceed the requirements for new multi-unit housing projects 2-46 contained in the municipal ordinances of: 2-47 (1) the municipality within whose extraterritorial 2-48 jurisdiction the multi-unit housing project is located; or 2-49 (2) the municipality nearest, on a straight line, to 2-50 the boundary of the multi-unit housing project, if the project is 2-51 not within the extraterritorial jurisdiction of a municipality. 2-52 (b) The county fire marshal or other authority with 2-53 fire-fighting jurisdiction may adopt reasonable standards relating 2-54 to vehicular gate width, obstacle-free driveway aprons or 2-55 entrances, pedestrian gate locations, and building numbers if the 2-56 appropriate municipality described by Subsection (a) has not 2-57 adopted applicable standards. 2-58 Sec. 352.120. OFFENSE. A person who violates this 2-59 subchapter or a regulation adopted under this subchapter in a 2-60 county that requires compliance with this subchapter under Section 2-61 352.113 commits an offense. An offense under this section is a 2-62 Class C misdemeanor. 2-63 SECTION 2. (a) This Act takes effect September 1, 2001. 2-64 (b) A county may not require the permit authorized by 2-65 Section 352.117, Local Government Code, as added by this Act, 2-66 before January 1, 2002. 2-67 (c) The requirements imposed by Section 352.115, Local 2-68 Government Code, as added by this Act, apply: 2-69 (1) beginning on January 1, 2002, to a multi-unit 3-1 housing project the electricity for the initial construction of 3-2 which is connected on or after January 1, 2002; and 3-3 (2) beginning on January 1, 2003, to all other 3-4 multi-unit housing projects. 3-5 * * * * *