85R11113 SCL-F
 
  By: Isaac H.B. No. 3405
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to fire protection sprinkler systems in residential
  high-rise buildings in certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 766, Health and Safety Code, is amended
  by adding Subchapter C to read as follows:
  SUBCHAPTER C.  FIRE PROTECTION SPRINKLER SYSTEMS IN RESIDENTIAL
  HIGH-RISE BUILDINGS IN CERTAIN MUNICIPALITIES
         Sec. 766.101.  DEFINITIONS.  In this subchapter, "fire
  protection sprinkler system" and "residential high-rise building"
  have the meanings assigned by Section 766.051.
         Sec. 766.102.  APPLICABILITY OF SUBCHAPTER.  This subchapter
  applies only to a municipality with a population of not less than
  750,000 nor more than 850,000.
         Sec. 766.103.  REQUIREMENT FOR FIRE PROTECTION SPRINKLER
  SYSTEM PROHIBITED FOR CERTAIN BUILDINGS.  (a)  Except as provided by
  Subsection (b), a municipality may not adopt or enforce an
  ordinance or other measure that requires the installation of a fire
  protection sprinkler system in a residential high-rise building
  that:
               (1)  was not required to have a sprinkler system at the
  time the building was initially constructed; or
               (2)  is designated as a historically or archeologically
  significant site by the Texas Historical Commission or the
  governing body of the county or municipality in which the building
  is located.
         (b)  A municipality may adopt or enforce an ordinance or
  other measure that requires the installation of a fire protection
  sprinkler system in a residential high-rise building described by
  Subsection (a)(1) if the building is not a building described by
  Subsection (a)(2) and:
               (1)  the building qualifies for the housing for older
  persons exemption to the federal Fair Housing Act under 42 U.S.C.
  Section 3607; or
               (2)  at least 50 percent of the occupants of the
  building are individuals with a handicap as defined by 42 U.S.C.
  Section 3602.
         SECTION 2.  This Act takes effect September 1, 2017.