Bill Text: TX HB1034 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the authority of a county to adopt a fire or wildland-urban interface code.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-16 - Left pending in committee [HB1034 Detail]
Download: Texas-2021-HB1034-Introduced.html
87R1517 MP-D | ||
By: Goodwin | H.B. No. 1034 |
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relating to the authority of a county to adopt a fire or | ||
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 [ |
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UNINCORPORATED AREA | ||
SECTION 2. Section 233.061, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 233.061. AUTHORITY TO ADOPT AND ENFORCE FIRE CODE OR | ||
WILDLAND-URBAN INTERFACE CODE. (a) The commissioners court of a | ||
county [ |
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wildland-urban interface code, or both, and rules necessary to | ||
administer and enforce the codes [ |
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(b) The commissioners court, or any municipality in the | ||
county, may contract with one another for the administration and | ||
enforcement of the codes [ |
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SECTION 3. Section 233.062, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 233.062. APPLICATION AND CONTENT OF [ |
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[ |
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only [ |
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area of the county[ |
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[ |
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[ |
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[ |
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(b) A [ |
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[ |
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that conforms to requirements of the Occupational Safety and Health | ||
[ |
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(c) A [ |
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(1) conform to: | ||
(A) the International Fire Code, as published by | ||
the International Code Council, as the code existed on May 1, 2005; | ||
or | ||
(B) the Uniform Fire Code, as published by the | ||
National Fire Protection Association, as the code existed on May 1, | ||
2005; or | ||
(2) establish protective measures that exceed the | ||
standards of the codes described by Subdivision (1). | ||
(c-1) A wildland-urban interface code adopted under this | ||
subchapter must conform to the International Wildland-Urban | ||
Interface Code, as the code existed on May 1, 2021. | ||
(d) The commissioners court may adopt later editions of a | ||
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(e) A code adopted under this subchapter may apply to only a | ||
portion of the unincorporated area of the county. | ||
SECTION 4. 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 chapter [ |
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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 [ |
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(2) deny the permit if the plan does not comply with | ||
the applicable codes adopted under this subchapter [ |
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SECTION 5. 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 [ |
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(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 [ |
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(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 | ||
[ |
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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 [ |
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(g) If the inspector determines, after an inspection of the | ||
completed building, that the building does not comply with the | ||
applicable codes [ |
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(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 [ |
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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 6. 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 [ |
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(d) The fee for an [ |
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subchapter must be reasonable and reflect the approximate cost of | ||
the inspection personnel, materials, and administrative overhead. | ||
SECTION 7. 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 [ |
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SECTION 8. 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 [ |
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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 9. This Act takes effect September 1, 2021. |