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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county to adopt a fire code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 233.061(a), Local Government Code, is |
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amended to read as follows: |
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(a) The commissioners court of a county [with a population
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of over 250,000 or a county adjacent to a county with a population
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of over 250,000] may adopt a fire code and rules necessary to |
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administer and enforce the fire code. |
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SECTION 2. Sections 233.062(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) The fire code applies only to the following buildings |
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constructed in an unincorporated area of the county: |
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(1) an inhabitable [a] commercial establishment; |
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(2) a public building; and |
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(3) a multifamily residential dwelling consisting of |
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four or more units. |
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(b) The fire code: |
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(1) does not apply to: |
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(A) an industrial facility having a fire brigade |
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that conforms to requirements of the Occupational Safety and Health |
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[and Safety] Administration; or |
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(B) development on a tract of land appraised as |
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agricultural or open-space land by the appraisal district; and |
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(2) may not be enforced in a manner that limits or |
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otherwise impairs the rights of individuals or entities in the |
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exploration, development, or production of oil, gas, or other |
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minerals. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |