HBA-TYH, NLM S.B. 633 76(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 633
By: Madla
Land & Resource Management
5/11/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, the Local Government Code only provides for initial fire code
inspections of commercial establishments and public buildings located in
the unincorporated area of the county.  As a result, commercial and public
buildings may comply with fire code standards at the initial fire
inspection, but may fail to comply after that initial inspection.  This
bill would authorize subsequent inspections to verify that the commercial
and public building is in compliance with the fire code, and would extend
the application of the fire code to all buildings that produce income,
including single-unit and multi-unit rental property.  S.B. 633 authorizes
subsequent inspections to verify that a commercial and public building is
in compliance with the fire code, and extends the application of the fire
code to all buildings that produce income, including single-unit and
multi-unit rental property.   

RULEMAKING AUTHORITY

It is in the opinion of the Office of House Bill Analysis that this bill
does not expressly delegate  any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 235.002(a), Local Government Code, to provide
that the fire code applies to certain buildings in an unincorporated area
of a county, including a commercial establishment, an office building or
manufacturing facility, or a building that produces income, including a
single-unit or multi-unit rental property.  Makes conforming changes. 

SECTION 2. Amends Section 235.004, Local Government Code, to require a
county, upon adoption of an order by the commissioners court, to
periodically inspect a building subject to this chapter to determine
whether the building complies with the fire code.  Requires the
commissioners court by order to establish the interval between initial and
subsequent inspections.  Requires the owner of the building to request in
writing by a certain date that the county conduct an initial inspection of
the building for fire code compliance. Authorizes a building inspector to
enter a building at a reasonable time and perform a subsequent inspection
following an interval prescribed by an order issued under this section.
Requires the certificate of compliance to be valid until the next
inspection conducted under this section.  Makes conforming and
nonsubstantive changes. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.

EXPLANATION OF AMENDMENTS

Committee Amendment #1 adds a new SECTION 3, as follows:

SECTION 3.  Makes application of this Act prospective.

Redesignates the existing SECTIONS 3 and 4 of the bill accordingly.