81R10553 EAH-F
 
  By: Callegari H.B. No. 4474
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the applicability of a fire code in an unincorporated
  area of a county.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 233.0615(a), Local Government Code, is
  amended by adding Subdivisions (1-a) and (1-b) and amending
  Subdivision (2) to read as follows:
               (1-a)  "Commercial establishment" means a building for
  the use or occupation of people for compensation or economic gain.
               (1-b)  "Public building" means a building for the use
  or occupation of people for any public purpose.
               (2)  "Substantial improvement" means:
                     (A)  the repair, alteration, restoration,
  reconstruction, improvement, or remodeling of an existing [a]
  building for which the cost exceeds 50 percent of the building's
  value according to the certified tax appraisal roll for the county
  for the year preceding the year in which the work was begun; [or]
                     (B)  a change in occupancy classification
  involving a change in the purpose or level of activity in a
  building, including the renovation of a warehouse into a loft
  apartment; or
                     (C)  the enlargement of an existing building.
         SECTION 2.  Section 233.0615(b), Local Government Code, is
  amended to read as follows:
         (b)  For purposes of this subchapter, substantial
  improvement begins on the date that the repair, alteration,
  enlargement, restoration, reconstruction, improvement, or
  remodeling or the change in occupancy classification begins or on
  the date materials are first delivered for that purpose.
         SECTION 3.  Section 233.062(a), Local Government Code, is
  amended to read as follows:
         (a)  The fire code applies only to the following buildings
  constructed in an unincorporated area of the county:
               (1)  a commercial establishment;
               (2)  a public building; and
               (3)  a multifamily residential dwelling consisting of
  three [four] or more units.
         SECTION 4.  The changes in law made by this Act apply only to
  an application for a permit for construction or substantial
  improvement submitted on or after the effective date of this Act.
  An application for a permit submitted before the effective date of
  this Act is governed by the law in effect on the date the
  application was submitted, and the former law is continued in
  effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2009.