HBA-LJP C.S.H.B. 3701 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3701
By: Naishtat
Higher Education
5/5/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

On the morning of May 1, a fire at the University Towers in Austin, an
apartment complex for off-campus student housing, caused the death of a 19
year old student of The University of Texas at Austin and critically
injured another student. If the building had been equipped with a fire
protection sprinkler system, the fire might have been prevented.  C.S.H.B.
3701 provides that a high-rise building used predominately as off-campus
housing for students of an institution of higher education must be equipped
with a complete fire protection sprinkler system. 

RULEMAKING AUTHORITY

It is 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. 

ANALYSIS

C.S.H.B. 3701 amends the Health and Safety Code to provide that a high-rise
building used predominately as off-campus housing for students of an
institution of higher education must be equipped with a complete fire
protection sprinkler system that is in good working order and is in
compliance with the standard adopted by the governing body of the
municipality or commissioners court of the county in which the highrise
building is located.  The bill provides that the standard that the
governing body of the municipality or commissioners court of the county are
required to adopt must be in compliance with the National Fire Protection
Association 13, Standard for the Installation of Sprinkler Systems.  The
bill provides that until the standard is adopted, the standard is the
Standard for the Installation of Sprinkler Systems of the National Fire
Protection Association as the standard existed on May, 1, 2001. 

The bill authorizes the attorney general, the county attorney of a county
in which the building is located, or the district attorney of a district in
which the building is located to bring an action in the district court of
that county in the name of the state for an injunction or other process to
enforce fire protection sprinkler system standards against the owner or
person in charge of the building.  The bill sets forth provisions regarding
the prosecution of the action and an issuance of an injunction or writ for
the enforcement of the standard.  The bill provides for a fine of $10,000
or more for a person who is an owner of a building or serves as an agent in
the care, management, supervision, control, or renting of a building for an
owner who is not a resident of this state if the building does not meet the
required fire protection sprinkler system standards. 

The bill provides that a building constructed before the effective date of
this Act or contracted to be constructed before September 1, 2001 is not
required to comply with required fire protection sprinkler system standards
before September 1, 2002. 

EFFECTIVE DATE

September 1, 2001.


 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3701 amends the original to correct typographical errors.