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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements that fire sprinkler systems be installed |
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in certain dwellings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 766, Health and Safety Code, is amended |
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by adding Section 766.004 to read as follows: |
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Sec. 766.004. AUTOMATIC FIRE SPRINKLER SYSTEMS. (a) In |
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this section: |
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(1) "Builder" has the meaning assigned by Section |
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401.003, Property Code. |
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(2) "Homeowner" has the meaning assigned by Section |
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401.002, Property Code. |
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(b) This section does not apply to a state requirement or an |
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ordinance or order of a political subdivision adopted before |
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January 1, 2009. |
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(c) Except as provided by Subsection (b), a requirement of |
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this state or of an ordinance or order of a political subdivision |
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that an automatic fire sprinkler system be installed in a new |
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one-family or two-family dwelling may not be enforced with respect |
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to a dwelling under 7,500 square feet in size. A prospective owner |
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of a one-family or two-family dwelling under 7,500 square feet in |
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size in a jurisdiction in which an automatic fire sprinkler system |
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would otherwise be required to be installed in the home may choose |
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whether or not to have the system installed. |
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(d) A builder in a jurisdiction in which an automatic fire |
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sprinkler system is required to be installed in any new one-family |
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or two-family dwelling shall offer a person with whom the builder |
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contracts for the construction of a new one-family or two-family |
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dwelling under 7,500 square feet in size the option of installing an |
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approved automatic fire sprinkler system in accordance with the |
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International Residential Code applicable to the construction |
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under Section 430.001, Property Code. |
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(e) In the event of a conflict between this section and any |
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other law, this section controls. |
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SECTION 2. Section 766.004(d), Health and Safety Code, as |
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added by this Act, applies only to a contract entered into on or |
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after September 1, 2011. A contract entered into before that date |
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is governed by the law in effect immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |