H.B. No. 3089

	AN ACT
	relating to fire protection sprinkler systems in certain
	residential high-rise buildings in certain counties; 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, 766.002, 766.0021, 766.0025, and
	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 CERTAIN
	RESIDENTIAL HIGH-RISE BUILDINGS IN CERTAIN COUNTIES
	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.  APPLICABILITY OF SUBCHAPTER.  This subchapter
	applies only to a residential high-rise building:
	(1)  that is located in a county with a population of
	more than 1.5 million in which more than 75 percent of the
	population resides in a single municipality;
	(2)  in which at least 50 percent of the residents are
	elderly individuals, individuals with a disability, or individuals
	with a mobility impairment; and
	(3)  that is not designated as a historically or
	archaeologically significant site by the Texas Historical
	Commission or the governing body of the county or municipality in
	which the building is located.
	Sec. 766.053.  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 subchapter 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. 766.054.  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, 2018, 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, 2021, 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, 2024, 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, 2027, 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)  Notwithstanding Subsections (b), (c), (d), and (e), an
	owner of multiple residential high-rise buildings built before
	September 1, 2015, is considered to have met the requirements of
	this section if a fire protection sprinkler system is installed on
	all floors of:
	(1)  at least 33 percent of the owner's residential
	high-rise buildings not later than September 1, 2021;
	(2)  at least 66 percent of the owner's residential
	high-rise buildings not later than September 1, 2024; and
	(3)  all of the owner's residential high-rise buildings
	not later than September 1, 2027.
	(g)  If a residential high-rise building is a condominium as
	defined by Section 81.002 or 82.003, Property Code, the apartment
	or unit owners of the condominium may comply with this subchapter by
	acting jointly through the council of owners or unit owners'
	association, as applicable, of the condominium.
	(h)  For purposes of Sections 766.055 and 766.056, a
	residential high-rise building is in compliance with this
	subchapter if the owner of the building has met the requirements of
	this section.
	(i)  This section expires September 1, 2028.
	Sec. 766.055.  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 subchapter 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. 766.056.  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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3089 was passed by the House on May 8,
	2015, by the following vote:  Yeas 100, Nays 39, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3089 was passed by the Senate on May
	27, 2015, by the following vote:  Yeas 28, Nays 3.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor