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A BILL TO BE ENTITLED
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AN ACT
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relating to fire code certificates of compliance, violations, and |
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enforcement; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 233.064, Local Government Code, is |
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amended by amending Subsections (f) and (g) and adding Subsections |
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(h) and (i) to read as follows: |
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(f) The county shall issue a final certificate of compliance |
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to the owner of a building inspected under this section if the |
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inspector determines, after an inspection of the completed |
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building, that the building complies with the fire code. For a |
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building or complex of buildings involving phased completion or |
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build-out, the county may issue a partial certificate of compliance |
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for any portion of the building or complex the inspector determines |
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is in compliance with the fire code. |
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(g) If the inspector determines, after an inspection of the |
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[completed] building, that the building does not comply with the |
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fire code, the inspector may: |
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(1) [the county shall] deny the certificate of |
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compliance; or [and] |
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(2) issue a conditional certificate of compliance and |
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allow the building to [may not] be occupied. |
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(h) A conditional certificate of compliance issued under |
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Subsection (g) shall notify the owner of the building of the |
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violations of the fire code and set a time within which the building |
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must be in compliance with the fire code. A conditional certificate |
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of compliance shall be revoked if the owner does not remedy the |
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violations within the time specified on the conditional certificate |
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of compliance. |
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(i) The owner of the building shall ensure that a person |
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does not occupy a building for which the owner does not have a |
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certificate of compliance or a conditional certificate of |
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compliance, or a portion of a building or complex of buildings for |
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which a partial certificate of compliance has not been issued. |
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SECTION 2. Section 233.066, Local Government Code, is |
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amended to read as follows: |
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Sec. 233.066. INJUNCTION. The appropriate attorney |
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representing the county in the district court may seek injunctive |
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relief to prevent a [the] violation or threatened violation |
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constituting an offense under Section 233.067. The county is not |
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required to give bond. If a county prevails in an action under this |
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section, the court shall award the county reasonable attorney's |
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fees, costs of court, and investigative costs [of the fire code]. |
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SECTION 3. Section 233.067, Local Government Code, is |
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amended to read as follows: |
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Sec. 233.067. OFFENSE: CRIMINAL AND CIVIL PENALTY. (a) A |
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person commits an offense if: |
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(1) a person constructs or substantially improves a |
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building without obtaining a permit under Section 233.063; |
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(2) a person who owns a building that does not have a |
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certificate of compliance or a conditional certificate of |
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compliance allows the building to be occupied; |
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(3) a person causes, suffers, allows, or permits a |
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violation of the fire code; |
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(4) a person fails to post a notice under Section |
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233.068(d); or |
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(5) a person violates an order issued under Section |
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233.069. |
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(b) Except as provided by Subsection (c), an offense under |
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this section is a Class C misdemeanor. |
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(c) An offense under Subsection (a)(5) is a Class B |
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misdemeanor. |
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(d) Each day an offense occurs or continues constitutes a |
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separate offense. |
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(e) The appropriate attorney representing the county in |
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civil cases may file a civil action in a court of competent |
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jurisdiction to recover from a person who commits an offense under |
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this section [violates the fire code] a civil penalty in an amount |
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not to exceed $500 [$200] for each day on which the offense occurs |
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[violation exists]. In determining the amount of the penalty, the |
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court shall consider the seriousness of the offense [violation]. |
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(f) If a county prevails in an action under this section, |
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the court shall award the county reasonable attorney's fees, costs |
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of court, and investigative costs. |
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(g) [(b)] The county shall deposit amounts collected under |
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this section in the fund and for the purposes described by Section |
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233.065(c). |
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SECTION 4. Subchapter C, Chapter 233, Local Government |
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Code, is amended by adding Sections 233.068 and 233.069 to read as |
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follows: |
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Sec. 233.068. CITATIONS. (a) If, on inspection or |
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investigation, the county fire marshal, an assistant fire marshal, |
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or a certified fire inspector determines that a person has |
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committed an offense under Section 233.067, the county fire |
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marshal, assistant fire marshal, or certified fire safety inspector |
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may issue a citation to the person. |
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(b) When the citation is issued by a certified fire |
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inspector or an assistant fire marshal, a copy of the citation shall |
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be furnished to the county fire marshal. |
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(c) The county fire marshal may prescribe procedures for the |
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issuance of a notice in lieu of a citation with respect to a de |
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minimis violation of the fire code that has no direct or immediate |
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relationship to public safety or health. |
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(d) Each citation issued under this section, or a copy of |
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the citation, shall be prominently posted by the responsible person |
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at a location prescribed by the county fire marshal. |
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Sec. 233.069. EMERGENCY CONDITIONS. If the county fire |
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marshal determines that an offense by a person under Section |
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233.067 creates an immediate threat to the public safety, the |
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county fire marshal may direct the person, including a property |
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owner or an occupant of the building, to take specific action to |
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address the issue or to cease and desist from a specified activity. |
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The person shall immediately comply with an order made by the county |
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fire marshal under this section. |
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SECTION 5. Section 352.016(b), Local Government Code, is |
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amended to read as follows: |
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(b) In the interest of safety and fire prevention, the |
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county fire marshal may inspect for violations of the county fire |
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code or for fire or life safety hazards any structure, |
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appurtenance, fixture, or real property located within 500 feet of |
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a structure, appurtenance, or fixture. The marshal shall inspect a |
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structure for violations of the county fire code or for fire or life |
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safety hazards if called on to do so. In the absence of a county |
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fire code, the county fire marshal may conduct an inspection using |
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any nationally recognized code or standard adopted by the state. If |
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the county has adopted a fire code, the marshal may conduct the |
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inspection using the adopted code and any nationally recognized |
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code or standard adopted by the state. If the marshal finds a |
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violation of the county fire code or [determines] the presence of a |
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fire or life safety hazard, the marshal may order the owner or |
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occupant of the premises to correct the violation or hazardous |
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situation. If ordered to do so, an owner or occupant shall correct |
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the violation or hazardous situation in accordance with the order. |
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SECTION 6. Section 352.022, Local Government Code, is |
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amended to read as follows: |
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Sec. 352.022. CRIMINAL PENALTIES [PENALTY FOR FAILURE TO
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COMPLY WITH ORDER]. (a) A person commits an offense if the person: |
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(1) [An owner or occupant who] is subject to an order |
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issued under Section 352.016 and [commits an offense if that
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person] fails to comply with the order; |
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(2) fails to post a citation in accordance with |
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Subsection (h); |
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(3) causes, suffers, allows, or permits a violation of |
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the fire code in a county that has adopted a fire code; or |
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(4) violates an order issued under Section 352.016(b) |
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or Section 352.0222. |
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(b) Each day an offense occurs or continues constitutes |
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[refusal to comply is] a separate offense. |
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(c) Except as provided by Subsection (d), the [The] offense |
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is a Class C [B] misdemeanor unless it is shown on the trial of the |
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offense that the defendant has been previously convicted two or |
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more times under this section, in which event the offense is a state |
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jail felony. |
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(d) An offense under Subsection (a)(4) is a Class B |
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misdemeanor unless it is shown on the trial of the offense that the |
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defendant has been previously convicted two or more times under |
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this section, in which event the offense is a state jail felony. |
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(e) If, on inspection or investigation, the county fire |
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marshal, an assistant fire marshal, or a certified fire inspector |
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determines that a person has committed an offense under this |
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section, the county fire marshal, assistant fire marshal, or |
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certified fire safety inspector may issue a citation to the person. |
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(f) When the citation is issued by a certified fire |
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inspector or an assistant fire marshal, a copy of the citation shall |
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be furnished to the county fire marshal. |
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(g) The county fire marshal may prescribe procedures for the |
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issuance of a notice in lieu of a citation with respect to a de |
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minimis violation of the fire code that has no direct or immediate |
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relationship to public safety or health. |
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(h) Each citation issued under this section, or a copy of |
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the citation, shall be prominently posted by the responsible person |
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at the location prescribed by the county fire marshal. |
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SECTION 7. Subchapter B, Chapter 352, Local Government |
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Code, is amended by adding Sections 352.0221 and 352.0222 to read as |
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follows: |
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Sec. 352.0221. CIVIL PENALTIES AND INJUNCTIVE RELIEF. (a) |
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The appropriate attorney representing the county in civil cases may |
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file a civil action to recover from a person who commits an offense |
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under Section 352.022 a civil penalty in an amount not to exceed |
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$500 for each day on which the offense occurs. In determining the |
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amount of the penalty, the court shall consider the seriousness of |
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the offense. |
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(b) The appropriate attorney representing the county in |
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civil cases may seek injunctive relief to prevent an offense or |
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threatened offense under Section 352.022. The county is not |
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required to give bond. |
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(c) If a county prevails in an action under this subchapter, |
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the court shall award the county reasonable attorney's fees, costs |
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of court, and investigative costs. |
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Sec. 352.0222. EMERGENCY CONDITIONS. If the county fire |
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marshal determines that an offense under Section 352.022 or a fire |
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or life safety hazard as described under Section 352.016 creates an |
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immediate threat to the public safety, the county fire marshal may |
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direct the person committing the offense, the property owner, or an |
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occupant of the building to take specific action or to cease and |
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desist from a specified activity. A person shall immediately comply |
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with an order made by the county fire marshal under this section. |
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SECTION 8. A county may issue a partial certificate of |
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compliance under Section 233.064(f), Local Government Code, as |
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amended by this Act, on or after the effective date of this Act to |
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any building or complex of buildings that qualifies for the partial |
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certificate of compliance, regardless of whether the building |
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project started before, on, or after the effective date of this Act. |
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SECTION 9. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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was committed before that date. |
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SECTION 10. This Act takes effect September 1, 2009. |