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A BILL TO BE ENTITLED
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AN ACT
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relating to fire protection sprinkler systems in residential |
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high-rise buildings in certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 766, Health and Safety Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. FIRE PROTECTION SPRINKLER SYSTEMS IN RESIDENTIAL |
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HIGH-RISE BUILDINGS IN CERTAIN MUNICIPALITIES |
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Sec. 766.101. DEFINITIONS. In this subchapter, "fire |
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protection sprinkler system" and "residential high-rise building" |
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have the meanings assigned by Section 766.051. |
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Sec. 766.102. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a municipality with a population of not less than |
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750,000 nor more than 850,000. |
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Sec. 766.103. REQUIREMENT FOR FIRE PROTECTION SPRINKLER |
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SYSTEM PROHIBITED FOR CERTAIN BUILDINGS. (a) Except as provided by |
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Subsection (b), a municipality may not adopt or enforce an |
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ordinance or other measure that requires the installation of a fire |
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protection sprinkler system in a residential high-rise building |
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that: |
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(1) was not required to have a sprinkler system at the |
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time the building was initially constructed; or |
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(2) is designated as a historically or archeologically |
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significant site by the Texas Historical Commission or the |
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governing body of the county or municipality in which the building |
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is located. |
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(b) A municipality may adopt or enforce an ordinance or |
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other measure that requires the installation of a fire protection |
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sprinkler system in a residential high-rise building described by |
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Subsection (a)(1) if the building is not a building described by |
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Subsection (a)(2) and: |
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(1) the building qualifies for the housing for older |
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persons exemption to the federal Fair Housing Act under 42 U.S.C. |
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Section 3607; or |
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(2) at least 50 percent of the occupants of the |
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building are individuals with a handicap as defined by 42 U.S.C. |
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Section 3602. |
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SECTION 2. This Act takes effect September 1, 2017. |