BILL ANALYSIS

C.S.H.B. 4474

By: Callegari

County Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Currently, Subchapter C, Chapter 233, Local Government Code, provides for the adoption of a fire code by a county with a population of over 250,000 or adjacent to a county with a population of over 250,000. These fire codes may apply to commercial establishments, public buildings, and other buildings.

C.S.H.B. 4474 provides definitions for the terms "commercial establishment" and "public building." The bill also amends the definition of the term "substantial improvement" to include alterations valued at 50 percent or more of the building's value and to include enlargements of an existing building.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4474 amends the Local Government Code to include in the definition of "substantial improvement," for purposes of the application of a county's fire code in an unincorporated area of the county, the alteration of an existing building as well as a repair, restoration, reconstruction, improvement, or remodeling, for which the cost exceeds 50 percent of the building's value and the enlargement of an existing building. The bill also defines, for purposes of those provisions, "commercial establishment" as a building for the use or occupation of people for compensation or economic gain and defines "public building" as a building for the use or occupation of people for any public purpose.

EFFECTIVE DATE

September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 4474 removes a provision from the original that makes a county's fire code applicable to a multifamily residential dwelling consisting of three, rather than four, or more units constructed in the unincorporated area of the county.