| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of certain counties to adopt and enforce a |
|
|
wildland-urban interface code. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Subchapter C, Chapter 233, Local |
|
|
Government Code, is amended to read as follows: |
|
|
SUBCHAPTER C. FIRE AND WILDLAND-URBAN INTERFACE CODES [CODE] IN |
|
|
UNINCORPORATED AREA |
|
|
SECTION 2. Subchapter C, Chapter 233, Local Government |
|
|
Code, is amended by adding Section 233.0611 to read as follows: |
|
|
Sec. 233.0611. AUTHORITY TO ADOPT AND ENFORCE |
|
|
WILDLAND-URBAN INTERFACE CODE. (a) The commissioners court of a |
|
|
county with a population of one million or more may adopt a |
|
|
wildland-urban interface code and rules necessary to administer and |
|
|
enforce the wildland-urban interface code. |
|
|
(b) Except as provided by Subsection (d), a wildland-urban |
|
|
interface code adopted under this section must: |
|
|
(1) conform to the International Wildland-Urban |
|
|
Interface Code, as published by the International Code Council, as |
|
|
the code existed on May 1, 2023; or |
|
|
(2) establish protective measures that exceed the |
|
|
standards of the code described by Subdivision (1). |
|
|
(c) A wildland-urban interface code adopted under this |
|
|
section: |
|
|
(1) may apply only in the unincorporated area of the |
|
|
county; and |
|
|
(2) may apply to only a portion of the unincorporated |
|
|
area of the county. |
|
|
(d) A wildland-urban interface code adopted under this |
|
|
section may not require the use of a building product or material |
|
|
that is not readily available in this state. |
|
|
(e) A commissioners court may adopt: |
|
|
(1) local amendments to a wildland-urban interface |
|
|
code and procedures for adopting those amendments; and |
|
|
(2) later editions of a wildland-urban interface code |
|
|
described by Subsection (b)(1). |
|
|
(f) The commissioners court and any municipality in the |
|
|
county may contract with one another for the administration and |
|
|
enforcement of the county's wildland-urban interface code. |
|
|
(g) To the extent of any conflict between a wildland-urban |
|
|
interface code adopted under this section and a fire code adopted by |
|
|
an emergency services district under Section 775.036, Health and |
|
|
Safety Code, the more stringent provision prevails. |
|
|
(h) A wildland-urban interface code does not apply to an |
|
|
industrial facility having a fire brigade that conforms to |
|
|
requirements of the Occupational Safety and Health Administration. |
|
|
(i) The commissioners court shall: |
|
|
(1) publish notice of the proposed adoption or |
|
|
amendment of a wildland-urban interface code under this section in |
|
|
a conspicuous location on the county's Internet website at least 30 |
|
|
days before the date of the adoption of or amendment to the code; |
|
|
(2) as provided by Section 551.007, Government Code, |
|
|
allow public testimony regarding the adoption or amendment of a |
|
|
wildland-urban interface code under this section before formal |
|
|
action by the commissioners court; and |
|
|
(3) make a reasonable effort to encourage public |
|
|
comment from persons affected by the adoption or amendment of a |
|
|
wildland-urban interface code under this section. |
|
|
SECTION 3. Sections 233.063(a) and (c), Local Government |
|
|
Code, are amended to read as follows: |
|
|
(a) A person may not construct or substantially improve a |
|
|
building subject to a code adopted under this subchapter [described |
|
|
by Section 233.062(a)] in an unincorporated area of the county |
|
|
unless the person obtains a building permit issued in accordance |
|
|
with this subchapter. |
|
|
(c) Within 30 days after the date the commissioners court |
|
|
receives an application and fee in accordance with Subsection (b), |
|
|
the commissioners court shall: |
|
|
(1) issue the permit if the plan complies with the |
|
|
applicable codes adopted under this subchapter [fire code]; or |
|
|
(2) deny the permit if the plan does not comply with |
|
|
the applicable codes adopted under this subchapter [fire code]. |
|
|
SECTION 4. Sections 233.064(a), (d), (f), (g), and (h), |
|
|
Local Government Code, are amended to read as follows: |
|
|
(a) The county shall inspect a building subject to this |
|
|
subchapter to determine whether the building complies with the |
|
|
applicable codes adopted under this subchapter [fire code]. |
|
|
(d) On or before the date that construction or substantial |
|
|
improvement of a building subject to this subchapter is completed, |
|
|
the owner of the building shall request in writing that the county |
|
|
inspect the building for compliance with the applicable codes [fire |
|
|
code]. |
|
|
(f) The county shall issue a final certificate of compliance |
|
|
to the owner of a building inspected under this section if the |
|
|
inspector determines, after an inspection of the completed |
|
|
building, that the building complies with the applicable codes |
|
|
[fire code]. For a building or complex of buildings involving |
|
|
phased completion or build-out, the county may issue a partial |
|
|
certificate of compliance for any portion of the building or |
|
|
complex the inspector determines is in substantial compliance with |
|
|
the applicable codes [fire code]. |
|
|
(g) If the inspector determines, after an inspection of the |
|
|
completed building, that the building does not comply with the |
|
|
applicable codes [fire code], the county may: |
|
|
(1) deny the certificate of compliance; or |
|
|
(2) issue a conditional or partial certificate of |
|
|
compliance and allow the building to be occupied. |
|
|
(h) A county that issues a conditional certificate of |
|
|
compliance under Subsection (g) shall notify the owner of the |
|
|
building of the violations of the applicable codes [fire code] and |
|
|
establish a reasonable time to remedy the violations. A county may |
|
|
revoke a conditional certificate of compliance if the owner does |
|
|
not remedy the violations within the time specified on the |
|
|
conditional certificate of compliance. |
|
|
SECTION 5. Sections 233.065(c) and (d), Local Government |
|
|
Code, are amended to read as follows: |
|
|
(c) The county shall deposit fees received under this |
|
|
subchapter in a special fund in the county treasury, and money in |
|
|
that fund may be used only for the administration and enforcement of |
|
|
a [the fire] code adopted under this subchapter. |
|
|
(d) The fee for an [a fire code] inspection under this |
|
|
subchapter must be reasonable and reflect the approximate cost of |
|
|
the inspection personnel, materials, and administrative overhead. |
|
|
SECTION 6. Section 233.066, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 233.066. INJUNCTION. The appropriate attorney |
|
|
representing the county in the district court may seek injunctive |
|
|
relief to prevent the violation or threatened violation of a [the |
|
|
fire] code adopted under this subchapter. |
|
|
SECTION 7. Section 233.067(a), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(a) The appropriate attorney representing the county in |
|
|
civil cases may file a civil action in a court of competent |
|
|
jurisdiction to recover from a person who violates a [the fire] code |
|
|
adopted under this subchapter a civil penalty in an amount not to |
|
|
exceed $200 for each day on which the violation exists. In |
|
|
determining the amount of the penalty, the court shall consider the |
|
|
seriousness of the violation. |
|
|
SECTION 8. This Act takes effect September 1, 2023. |