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