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A BILL TO BE ENTITLED
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AN ACT
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relating to the application of the fire code to and the inspection |
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of buildings owned or leased by counties; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 214, Local Government |
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Code, is amended by adding Section 214.907 to read as follows: |
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Sec. 214.907. INSPECTION OF COUNTY BUILDINGS IN CERTAIN |
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COUNTIES. (a) This section applies only to a county with a |
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population of more than 1.5 million in which more than 75 percent of |
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the population lives in a single municipality. |
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(b) A county fire marshal shall conduct each inspection |
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required by a municipality, including an inspection for building or |
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fire code compliance, for a building wholly owned or wholly leased |
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by the county. |
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(c) A county fire marshal may, through a memorandum of |
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understanding, delegate authority to conduct an inspection |
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required under this section to the municipality requiring the |
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inspection. |
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(d) In the event of a conflict between this section and any |
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other law, this section controls. |
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SECTION 2. The heading to Subchapter C, Chapter 233, Local |
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Government Code, is amended to read as follows: |
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SUBCHAPTER C. FIRE CODE: [IN] UNINCORPORATED AREA AND COUNTY |
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BUILDINGS |
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SECTION 3. Section 233.062(a), Local Government Code, is |
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amended to read as follows: |
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(a) The fire code applies only to: |
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(1) the following buildings constructed in an |
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unincorporated area of the county: |
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(A) [(1)] a commercial establishment constructed |
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in the unincorporated area of the county; |
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(B) [(2)] a public building constructed in the |
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unincorporated area of the county; and |
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(C) [(3)] a multifamily residential dwelling |
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consisting of four or more units constructed in the unincorporated |
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area of the county; and |
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(2) a building that is wholly owned, wholly leased, or |
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subject to an agreement to be wholly leased by a county with a |
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population of more than 1.5 million in which more than 75 percent of |
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the population lives in a single municipality, regardless of |
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whether the building is located in an incorporated area or |
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unincorporated area of the county. |
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SECTION 4. Subchapter B, Chapter 352, Local Government |
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Code, is amended by adding Section 352.0165 to read as follows: |
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Sec. 352.0165. INSPECTIONS OF COUNTY OWNED OR LEASED |
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BUILDINGS IN CERTAIN COUNTIES. (a) In this section, "fire or life |
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safety hazard" has the meaning assigned by Section 352.016. |
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(b) This section applies only to a building that is: |
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(1) wholly owned or wholly leased by a county; and |
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(2) located in a county with a population of more than |
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1.5 million in which more than 75 percent of the population lives in |
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a single municipality, regardless of whether the building is |
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located in an incorporated or unincorporated area of the county. |
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(c) The county fire marshal shall conduct a biennial |
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inspection for fire or life safety hazards of each building to which |
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this section applies. If the fire marshal determines the presence |
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of a fire or life safety hazard in a building that is wholly owned by |
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the county, the county shall correct the hazard. If the fire |
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marshal determines the presence of a fire or life safety hazard in a |
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building that is wholly leased by the county, the fire marshal shall |
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order the owner of the building to correct the hazard. The owner |
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shall correct the hazard in accordance with the order. |
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(d) The county fire marshal may conduct further inspections |
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for fire or life safety hazards and take actions necessary to |
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enforce this section. |
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(e) The county fire marshal shall adopt guidelines for an |
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inspection under this section. |
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(f) The commissioners court by order may authorize the |
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county fire marshal to charge a fee to the owner of a building |
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wholly leased to the county for an inspection conducted under this |
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section in a reasonable amount determined by the commissioners |
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court to cover the cost of the inspection. |
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SECTION 5. Section 233.062, Local Government Code, as |
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amended by this Act, applies only to a building for which |
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construction or substantial improvement begins on or after the |
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effective date of this Act. A building for which construction or |
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substantial improvement begins before the effective date of this |
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Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 6. This Act takes effect September 1, 2019. |