BILL ANALYSIS |
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C.S.H.B. 4011 |
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By: Martinez Fischer |
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Urban Affairs |
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Committee Report (Substituted) |
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BACKGROUND AND PURPOSE
Interested parties explain that a large number of people in Texas have died as a result of fires in multifamily residential buildings that did not have a fire protection sprinkler system but assert that the danger of loss of life from a fire in such a building equipped with a sprinkler system is eliminated. While sprinklers have been required in new buildings for some time, the parties note that many older buildings that predate the sprinkler requirements have been grandfathered in under older versions of the building codes. Since the jurisdictions across the state have vastly different resources and needs, the parties note that retrofitting older buildings with sprinkler systems statewide is not an easy process. C.S.H.B. 4011 seeks to address the need to retrofit these potentially dangerous buildings while preserving the ability of local jurisdictions to manage retrofitting in a way that best meets the needs of the local community.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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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.
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ANALYSIS
C.S.H.B. 4011 amends the Government Code to require a local government with a fire department, not later than December 1 of each year and in collaboration with the local government's fire department, to submit to the state fire marshal a report on residential high-rise buildings used primarily for a residential purpose and that extend 75 feet or more from the ground that are located in areas served by the fire department that are not currently fully equipped with a fire protection sprinkler system in good working order. The bill prescribes the information required to be included in the report for each building.
C.S.H.B. 4011 authorizes the state fire marshal to conduct an inspection or further investigation of a residential high-rise building described by a submitted report; to monitor a plan submitted with a report that addresses issues preventing a building from being equipped with a fire protection sprinkler system in good working order; and to consult with a local government and fire department on best practices related to fire safety for residential high-rise buildings. The bill requires the state fire marshal to prepare and electronically submit to the governor, lieutenant governor, and members of the legislature a report of the information collected and analyzed under the bill's provisions and an assessment of the proposed actions and plans. The bill authorizes the state fire marshal's report to also include any other information and recommendations that the state fire marshal considers necessary. The bill's provisions expire August 31, 2019.
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EFFECTIVE DATE
September 1, 2015.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 4011 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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