84R6969 SCL-D
	By: Galindo	H.B. No. 3089

	A BILL TO BE ENTITLED
	AN ACT
	relating to fire protection sprinkler systems in residential
	high-rise buildings; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 766, Health and Safety Code, is amended
	by designating Sections 766.001 through 766.003 as Subchapter A and
	adding a subchapter heading to read as follows:
	SUBCHAPTER A. SMOKE DETECTORS AND FIRE SAFETY INFORMATION
	SECTION 2.  Chapter 766, Health and Safety Code, is amended
	by adding Subchapter B to read as follows:
	SUBCHAPTER B. FIRE PROTECTION SPRINKLER SYSTEMS IN RESIDENTIAL
	HIGH-RISE BUILDINGS
	Sec. 766.051.  DEFINITIONS. In this subchapter:
	(1)  "Fire protection sprinkler system" means an
	assembly of underground or overhead piping or conduits that conveys
	water with or without other agents to dispersal openings or devices
	to:
	(A)  extinguish, control, or contain fire; and
	(B)  provide protection from exposure to fire or
	the products of combustion.
	(2)  "Residential high-rise building" means a building
	used primarily for a residential purpose and that extends 75 feet or
	more from the ground.
	Sec. 766.052.  FIRE PROTECTION SPRINKLER SYSTEMS REQUIRED;
	STANDARD. (a) A residential high-rise building must be equipped
	with a complete fire protection sprinkler system that is in good
	working order and is in compliance with this section.
	(b)  The governing body of a municipality in which a
	residential high-rise building subject to this chapter is located
	or, if the building is not located in a municipality, the
	commissioners court of the county in which the building is located
	shall adopt a standard for the installation of fire protection
	sprinkler systems in a residential high-rise building.
	(c)  The standard adopted must be in compliance with National
	Fire Protection Association 13: Standard for the Installation of
	Sprinkler Systems. Until the governing body of the municipality or
	commissioners court of the county, as applicable, adopts a standard
	as required by this section, the standard is the Standard for the
	Installation of Sprinkler Systems of the National Fire Protection
	Association, as that standard existed on September 1, 2015.
	Sec. 766.053.  PHASE-IN COMPLIANCE FOR OWNERS OF CERTAIN
	RESIDENTIAL HIGH-RISE BUILDINGS. (a) This section applies only to
	an owner of a residential high-rise building built before September
	1, 2015.
	(b)  Not later than September 1, 2016, an owner of a
	residential high-rise building shall provide notice of the owner's
	intent to comply with this subchapter to:
	(1)  if the building is located in a municipality, the
	appropriate code official of the municipality in which the building
	is located; or
	(2)  if the building is not located in a municipality,
	the county clerk of the county in which the building is located.
	(c)  Not later than September 1, 2017, the owner of a
	residential high-rise building shall install a water supply on all
	floors of the building in accordance with National Fire Protection
	Association 13: Standard for the Installation of Sprinkler Systems.
	(d)  Not later than September 1, 2019, the owner of a
	residential high-rise building shall install a fire protection
	sprinkler system in accordance with this subchapter on at least 50
	percent of the floors of the building.
	(e)  Not later than September 1, 2021, the owner of a
	residential high-rise building shall install a fire protection
	sprinkler system in accordance with this subchapter on all floors
	of the building.
	(f)  For purposes of Sections 766.054 and 766.055, a
	residential high-rise building is in compliance with this
	subchapter if the owner of the building has met the requirements of
	this section.
	(g)  This section expires September 1, 2022.
	Sec. 766.054.  INJUNCTION. (a) The attorney general, the
	county attorney of a county in which a residential high-rise
	building is located, or the district attorney of a county in which
	the building is located may bring an action in the name of the state
	for an injunction to enforce this chapter against the owner or
	person in charge of a residential high-rise building not in
	compliance with this subchapter.
	(b)  The action must be brought in the district court of the
	county in which the residential high-rise building is located.
	(c)  The attorney general, county attorney of the county in
	which the residential high-rise building is located, or district
	attorney of the county in which the building is located, as
	applicable, shall give the owner or person in charge of the building
	notice of the time and place of a hearing for an action brought
	under this section not later than the 10th day before the date of
	the hearing.
	(d)  A district judge may issue a mandatory injunction
	against the owner or person in charge of a residential high-rise
	building not in compliance with this subchapter to enforce this
	subchapter. Violation of an injunction issued under this section
	constitutes contempt of court and is punishable in the manner
	provided for contempt.
	Sec. 766.055.  CRIMINAL PENALTY. (a) A person commits an
	offense if the person is the owner of a residential high-rise
	building that is not in compliance with this subchapter.
	(b)  A person commits an offense if the person serves as an
	agent for an owner who is not a resident of this state in the care,
	management, supervision, control, or rental of a residential
	high-rise building not in compliance with this subchapter.
	(c)  An offense under this section is punishable by a fine of
	not more than $10,000.
	SECTION 3.  This Act takes effect September 1, 2015.