By: Galindo, Bernal, McClendon, H.B. No. 3089
      Martinez Fischer, Minjarez
 
 
A BILL TO BE ENTITLED
 
AN ACT
  rel
  ating to fire protection sprinkler systems in certain
  residential high-rise buildings in certain counties; creating a
  criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 766, Health and Safety Code, is amended
  by designating Sections 766.001, 766.002, 766.0021, 766.0025, and
  766.003 as Subchapter A and adding a subchapter heading to read as
  follows:
  SUBCHAPTER A. SMOKE DETECTORS AND FIRE SAFETY INFORMATION
         SECTION 2.  Chapter 766, Health and Safety Code, is amended
  by adding Subchapter B to read as follows:
  SUBCHAPTER B. FIRE PROTECTION SPRINKLER SYSTEMS IN CERTAIN
  RESIDENTIAL HIGH-RISE BUILDINGS IN CERTAIN COUNTIES
         Sec. 766.051.  DEFINITIONS. In this subchapter:
               (1)  "Fire protection sprinkler system" means an
  assembly of underground or overhead piping or conduits that conveys
  water with or without other agents to dispersal openings or devices
  to:
                     (A)  extinguish, control, or contain fire; and
                     (B)  provide protection from exposure to fire or
  the products of combustion.
               (2)  "Residential high-rise building" means a building
  used primarily for a residential purpose and that extends 75 feet or
  more from the ground.
         Sec. 766.052.  APPLICABILITY OF SUBCHAPTER.  This subchapter
  applies only to a residential high-rise building:
               (1)  that is located in a county with a population of
  more than 1.5 million in which more than 75 percent of the
  population resides in a single municipality;
               (2)  in which at least 50 percent of the residents are
  elderly individuals, individuals with a disability, or individuals
  with a mobility impairment; and
               (3)  that is not designated as a historically or
  archaeologically significant site by the Texas Historical
  Commission or the governing body of the county or municipality in
  which the building is located.
         Sec. 766.053.  FIRE PROTECTION SPRINKLER SYSTEMS REQUIRED;
  STANDARD. (a) A residential high-rise building must be equipped
  with a complete fire protection sprinkler system that is in good
  working order and is in compliance with this section.
         (b)  The governing body of a municipality in which a
  residential high-rise building subject to this subchapter is
  located or, if the building is not located in a municipality, the
  commissioners court of the county in which the building is located
  shall adopt a standard for the installation of fire protection
  sprinkler systems in a residential high-rise building.
         (c)  The standard adopted must be in compliance with National
  Fire Protection Association 13: Standard for the Installation of
  Sprinkler Systems. Until the governing body of the municipality or
  commissioners court of the county, as applicable, adopts a standard
  as required by this section, the standard is the Standard for the
  Installation of Sprinkler Systems of the National Fire Protection
  Association, as that standard existed on September 1, 2015.
         Sec. 766.054.  PHASE-IN COMPLIANCE FOR OWNERS OF CERTAIN
  RESIDENTIAL HIGH-RISE BUILDINGS. (a) This section applies only to
  an owner of a residential high-rise building built before September
  1, 2015.
         (b)  Not later than September 1, 2018, an owner of a
  residential high-rise building shall provide notice of the owner's
  intent to comply with this subchapter to:
               (1)  if the building is located in a municipality, the
  appropriate code official of the municipality in which the building
  is located; or
               (2)  if the building is not located in a municipality,
  the county clerk of the county in which the building is located.
         (c)  Not later than September 1, 2021, the owner of a
  residential high-rise building shall install a water supply on all
  floors of the building in accordance with National Fire Protection
  Association 13: Standard for the Installation of Sprinkler Systems.
         (d)  Not later than September 1, 2024, the owner of a
  residential high-rise building shall install a fire protection
  sprinkler system in accordance with this subchapter on at least 50
  percent of the floors of the building.
         (e)  Not later than September 1, 2027, the owner of a
  residential high-rise building shall install a fire protection
  sprinkler system in accordance with this subchapter on all floors
  of the building.
         (f)  Notwithstanding Subsections (b), (c), (d), and (e), an
  owner of multiple residential high-rise buildings built before
  September 1, 2015, is considered to have met the requirements of
  this section if a fire protection sprinkler system is installed on
  all floors of:
               (1)  at least 33 percent of the owner's residential
  high-rise buildings not later than September 1, 2021;
               (2)  at least 66 percent of the owner's residential
  high-rise buildings not later than September 1, 2024; and
               (3)  all of the owner's residential high-rise buildings
  not later than September 1, 2027.
         (g)  If a residential high-rise building is a condominium as
  defined by Section 81.002 or 82.003, Property Code, the apartment
  or unit owners of the condominium may comply with this subchapter by
  acting jointly through the council of owners or unit owners' 
  association, as applicable, of the condominium.
         (h)  For purposes of Sections 766.055 and 766.056, a
  residential high-rise building is in compliance with this
  subchapter if the owner of the building has met the requirements of
  this section.
         (i)  This section expires September 1, 2028.
         Sec. 766.055.  INJUNCTION. (a) The attorney general, the
  county attorney of a county in which a residential high-rise
  building is located, or the district attorney of a county in which
  the building is located may bring an action in the name of the state
  for an injunction to enforce this subchapter against the owner or
  person in charge of a residential high-rise building not in
  compliance with this subchapter.
         (b)  The action must be brought in the district court of the
  county in which the residential high-rise building is located.
         (c)  The attorney general, county attorney of the county in
  which the residential high-rise building is located, or district
  attorney of the county in which the building is located, as
  applicable, shall give the owner or person in charge of the building
  notice of the time and place of a hearing for an action brought
  under this section not later than the 10th day before the date of
  the hearing.
         (d)  A district judge may issue a mandatory injunction
  against the owner or person in charge of a residential high-rise
  building not in compliance with this subchapter to enforce this
  subchapter. Violation of an injunction issued under this section
  constitutes contempt of court and is punishable in the manner
  provided for contempt.
         Sec. 766.056.  CRIMINAL PENALTY. (a) A person commits an
  offense if the person is the owner of a residential high-rise
  building that is not in compliance with this subchapter.
         (b)  A person commits an offense if the person serves as an
  agent for an owner who is not a resident of this state in the care,
  management, supervision, control, or rental of a residential
  high-rise building not in compliance with this subchapter.
         (c)  An offense under this section is punishable by a fine of
  not more than $10,000.
         SECTION 3.  This Act takes effect September 1, 2015.