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  By: Smith of Harris (Senate Sponsor - Patrick) H.B. No. 2266
         (In the Senate - Received from the House April 18, 2011;
  April 26, 2011, read first time and referred to Committee on
  Intergovernmental Relations; May 21, 2011, reported favorably by
  the following vote:  Yeas 3, Nays 0; May 21, 2011, sent to
  printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to fire code certificates of compliance.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 233.064, Local Government Code, is
  amended by amending Subsections (f) and (g) and adding Subsections
  (h) and (i) to read as follows:
         (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 fire code. For a
  building or complex of buildings involving 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 fire code.
         (g)  If the inspector determines, after an inspection of the
  completed building, that the building does not comply with the fire
  code, the county may:
               (1)  [the county shall] deny the certificate of
  compliance; or [and]
               (2)  issue a conditional or partial certificate of
  compliance and allow the building to [may not] 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 fire code and 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.
         (i)  A building may not be occupied until a county issues a
  final, conditional, or partial certificate of compliance for the
  building.
         SECTION 2.  A county may issue a partial or conditional
  certificate of compliance under Section 233.064(f) or (g), Local
  Government Code, as amended by this Act, on or after the effective
  date of this Act to any building or complex of buildings that
  qualifies for the partial or conditional certificate of compliance,
  regardless of whether the building project started before, on, or
  after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2011.
 
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