Bill Text: TX HB2741 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the application of the fire code to and the inspection of buildings owned or leased by counties; authorizing a fee.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-05-17 - Left pending in committee [HB2741 Detail]
Download: Texas-2019-HB2741-Introduced.html
86R4553 MP-F | ||
By: Minjarez | H.B. No. 2741 |
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relating to the application of the fire code to and the inspection | ||
of buildings owned or leased by counties; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter Z, Chapter 214, Local Government | ||
Code, is amended by adding Section 214.907 to read as follows: | ||
Sec. 214.907. INSPECTION OF COUNTY BUILDINGS IN CERTAIN | ||
COUNTIES. (a) This section applies only to a county with a | ||
population of more than 1.5 million in which more than 75 percent of | ||
the population lives in a single municipality. | ||
(b) A county fire marshal shall conduct each inspection | ||
required by a municipality, including an inspection for building or | ||
fire code compliance, for a building wholly owned or wholly leased | ||
by the county. | ||
(c) A county fire marshal may, through a memorandum of | ||
understanding, delegate authority to conduct an inspection | ||
required under this section to the municipality requiring the | ||
inspection. | ||
(d) In the event of a conflict between this section and any | ||
other law, this section controls. | ||
SECTION 2. The heading to Subchapter C, Chapter 233, Local | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER C. FIRE CODE: [ |
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BUILDINGS | ||
SECTION 3. Section 233.062(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) The fire code applies only to: | ||
(1) the following buildings constructed in an | ||
unincorporated area of the county: | ||
(A) [ |
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in the unincorporated area of the county; | ||
(B) [ |
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unincorporated area of the county; and | ||
(C) [ |
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consisting of four or more units constructed in the unincorporated | ||
area of the county; and | ||
(2) a building that is wholly owned, wholly leased, or | ||
subject to an agreement to be wholly leased by a county with a | ||
population of more than 1.5 million in which more than 75 percent of | ||
the population lives in a single municipality, regardless of | ||
whether the building is located in an incorporated area or | ||
unincorporated area of the county. | ||
SECTION 4. Subchapter B, Chapter 352, Local Government | ||
Code, is amended by adding Section 352.0165 to read as follows: | ||
Sec. 352.0165. INSPECTIONS OF COUNTY OWNED OR LEASED | ||
BUILDINGS IN CERTAIN COUNTIES. (a) In this section, "fire or life | ||
safety hazard" has the meaning assigned by Section 352.016. | ||
(b) This section applies only to a building that is: | ||
(1) wholly owned or wholly leased by a county; and | ||
(2) located in a county with a population of more than | ||
1.5 million in which more than 75 percent of the population lives in | ||
a single municipality, regardless of whether the building is | ||
located in an incorporated or unincorporated area of the county. | ||
(c) The county fire marshal shall conduct a biennial | ||
inspection for fire or life safety hazards of each building to which | ||
this section applies. If the fire marshal determines the presence | ||
of a fire or life safety hazard in a building that is wholly owned by | ||
the county, the county shall correct the hazard. If the fire | ||
marshal determines the presence of a fire or life safety hazard in a | ||
building that is wholly leased by the county, the fire marshal shall | ||
order the owner of the building to correct the hazard. The owner | ||
shall correct the hazard in accordance with the order. | ||
(d) The county fire marshal may conduct further inspections | ||
for fire or life safety hazards and take actions necessary to | ||
enforce this section. | ||
(e) The county fire marshal shall adopt guidelines for an | ||
inspection under this section. | ||
(f) The commissioners court by order may authorize the | ||
county fire marshal to charge a fee to the owner of a building | ||
wholly leased to the county for an inspection conducted under this | ||
section in a reasonable amount determined by the commissioners | ||
court to cover the cost of the inspection. | ||
SECTION 5. Section 233.062, Local Government Code, as | ||
amended by this Act, applies only to a building for which | ||
construction or substantial improvement begins on or after the | ||
effective date of this Act. A building for which construction or | ||
substantial improvement begins before the effective date of this | ||
Act is governed by the law in effect immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
SECTION 6. This Act takes effect September 1, 2019. |