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                                  * * * * *