81R7179 AJA-D
 
  By: Otto H.B. No. 1511
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requirements that fire sprinkler systems be installed
  in certain dwellings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 766, Health and Safety Code, is amended
  by adding Section 766.004 to read as follows:
         Sec. 766.004.  AUTOMATIC FIRE SPRINKLER SYSTEMS. (a)  In
  this section:
               (1)  "Builder" has the meaning assigned by Section
  401.003, Property Code.
               (2)  "Homeowner" has the meaning assigned by Section
  401.002, Property Code.
         (b)  This section does not apply to a state requirement or an
  ordinance or order of a political subdivision adopted before
  January 1, 2009.
         (c)  Except as provided by Subsection (b), a requirement of
  this state or of an ordinance or order of a political subdivision
  that an automatic fire sprinkler system be installed in a new
  one-family or two-family dwelling may not be enforced with respect
  to a dwelling under 7,500 square feet in size. A prospective owner
  of a one-family or two-family dwelling under 7,500 square feet in
  size in a jurisdiction in which an automatic fire sprinkler system
  would otherwise be required to be installed in the home may choose
  whether or not to have the system installed.
         (d)  A builder in a jurisdiction in which an automatic fire
  sprinkler system is required to be installed in any new one-family
  or two-family dwelling shall offer a person with whom the builder
  contracts for the construction of a new one-family or two-family
  dwelling under 7,500 square feet in size the option of installing an
  approved automatic fire sprinkler system in accordance with the
  International Residential Code applicable to the construction
  under Section 430.001, Property Code.
         (e)  In the event of a conflict between this section and any
  other law, this section controls.
         SECTION 2.  Section 766.004(d), Health and Safety Code, as
  added by this Act, applies only to a contract entered into on or
  after September 1, 2011.  A contract entered into before that date
  is governed by the law in effect immediately before the effective
  date of this Act, and that law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2009.