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LOCAL GOVERNMENT CODE
CHAPTER 352. COUNTY FIRE PROTECTION
SUBCHAPTER A. PROTECTION OF COUNTY RESIDENTS
§ 352.001. FIRE PROTECTION OF COUNTY RESIDENTS. (a) The
commissioners court of a county may furnish fire protection or
fire-fighting equipment to the residents of the county or of an
adjoining county who live outside municipalities.
(b) The commissioners court may:
(1) purchase fire trucks or other fire-fighting
equipment;
(2) issue time warrants and levy and collect taxes to
pay the principal of and interest on the time warrants as provided
by law; and
(3) contract with the governing body of a municipality
located within the county or within an adjoining county to use fire
trucks or other fire-fighting equipment that belongs to the
municipality.
(c) The commissioners court of a county may contract with an
incorporated volunteer fire department that is located within the
county to provide fire protection to an area of the county that is
located outside the municipalities in the county. The court may pay
for that protection from the general fund of the county.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 352.002. USE OF SURPLUS OR SALVAGE PROPERTY BY VOLUNTEER
FIRE DEPARTMENT. (a) In this section:
(1) "Surplus property" means personal property that is
in excess of the needs of its owner, that is not required for the
owner's foreseeable needs, and that possesses some usefulness for
the purpose for which it was intended or for some other purpose.
(2) "Salvage property" means personal property, other
than wastepaper, that because of use, time, or accident is so
damaged, used, or consumed that it has no value for the purpose for
which it was originally intended.
(b) The commissioners court of a county may contract to
supply surplus or salvage property to any incorporated volunteer
fire department with which the commissioners court has contracted
under Section 352.001.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 352.003. FIRE PROTECTION IN CERTAIN COUNTIES. (a) For
use in protecting bridges, county shops, county warehouses, and
other property located outside the municipalities in a county with
a population of 350,001 to 449,999, the commissioners court of the
county may:
(1) purchase fire trucks and other fire-fighting
equipment; and
(2) contract with a centrally located municipality
within the county for the operation and maintenance of the
equipment.
(b) In a county with a population of less than 20,000 and a
property valuation of more than $100 million according to the most
recently approved county tax rolls, the commissioners court of the
county may:
(1) contract with the governing bodies of
municipalities in the county for the furnishing by the
municipalities of fire protection outside the municipalities; and
(2) appropriate funds to pay the municipalities.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 352.004. AGENCY; LIABILITY. (a) In this section,
"furnishing fire protection" includes traveling to or from a fire.
(b) The act of a person who, in carrying out a county's
authority to provide fire protection, furnishes fire protection to
a county resident who lives outside the municipalities in the
county, including the act of a person who is a regular employee or
fire fighter of a municipality, is considered to be the act of an
agent of the county.
(c) A municipality is not liable for the act of its employee
in fighting fires outside the municipality under a contract between
the commissioners court of the county and the governing body of the
municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 352.005. CONTRACTUAL PROVISION OF FIRE-FIGHTING
EQUIPMENT OR SERVICES. (a) This section applies to a county with a
population of 350,000 or more.
(b) By an order or resolution passed by majority vote, the
governing body of a municipality that has a volunteer fire
department recognized by the State Board of Insurance may petition
the commissioners court to furnish fire-fighting equipment to the
municipality. The commissioners court may contract with the
petitioning governing body to furnish the equipment if the
governing body shows that the municipality is eligible to receive
the service and benefit of the equipment by compliance with this
section.
(c) A group of at least 25 county residents who live in an
unincorporated community in the county, who are qualified to vote
in a county bond election, and who have organized or will organize
within a reasonable time a volunteer fire department recognized by
the State Board of Insurance may petition the commissioners court
of the county to furnish fire-fighting equipment to the group. The
commissioners court may contract with the petitioning residents to
furnish the equipment.
(d) The commissioners court may provide the fire-fighting
equipment for the use and benefit of the petitioner under a contract
subject to the conditions that the petitioner shall:
(1) furnish a satisfactory place in which to keep the
equipment;
(2) pay all the costs of operating the equipment; and
(3) furnish the personnel necessary to operate the
equipment.
(e) The county shall keep the fire-fighting equipment in
good working order and make all necessary repairs or replacements.
The commissioners court shall determine if a repair or replacement
is necessary and shall require that repair work, including labor
and materials, be provided as much as possible by the court's shops
that it designates. The commissioners court may provide the
petitioner with at least one emergency unit of fire-fighting
equipment to be used while the regular unit is being repaired or
replaced. The commissioners court may use an available truck or
other equipment if it is unable to acquire a new truck or equipment
for the purpose of building or equipping the fire-fighting
equipment.
(f) The petitioner is responsible for the safekeeping of the
fire-fighting equipment and is liable to the county for any loss
through theft, or, if the petitioner is a municipality, through
negligence by an officer, agent, or employee of the municipality,
or, if the petitioner is a group of county residents, through
negligence by one of those residents who handles or operates the
equipment.
(g) Before a unit of fire-fighting equipment is delivered to
a petitioner, the petitioner must post a bond with good and
sufficient surety, payable to the county, in an amount fixed by the
commissioners court that does not exceed the initial cost of the
unit of fire-fighting equipment. The bond must be conditioned on
payment to the county of the amount of the actual loss to each unit
of equipment, or part of a unit, that results from theft or
negligence for which the petitioner is liable.
(h) The fire-fighting equipment shall remain in the county.
The commissioners court may inspect the equipment at any time and
may repossess the equipment for noncompliance with this section by
the petitioner.
(i) For the purpose of fighting fires outside the limits of
a municipality, the commissioners court may contract with any
municipality in the county for the use of fire-fighting equipment
and the use and service of the equipment by the municipal fire
department. The contract shall be on the terms and conditions
agreed to by the commissioners court and the governing authority of
the municipality. The commissioners court shall pay the costs of
the items covered by the contract from the general fund of the
county.
(j) Fire-fighting equipment purchased by a county for the
purpose of furnishing equipment under this section is subject to
the competitive bidding requirements applicable to other county
purchases.
(k) The commissioners court shall pay the costs of
administering this section from the general fund of the county.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 352.006. SALE OF USED FIRE PROTECTION OR FIRE-FIGHTING
EQUIPMENT TO CERTAIN VOLUNTEER FIRE DEPARTMENTS. (a) In this
section, "volunteer fire department" means an association that:
(1) operates fire-fighting equipment;
(2) is organized primarily to provide and actively
provides fire-fighting services;
(3) does not pay its members compensation other than
nominal compensation; and
(4) does not distribute any of its income to its
members, officers, or governing body, other than for reimbursement
of expenses.
(b) Notwithstanding Subchapter D, Chapter 263, or other
law, the commissioners court of a county may sell used
fire-fighting equipment, excluding equipment described in Sections
419.040 and 419.041, Government Code, to a volunteer fire
department for eight percent of the original purchase value of the
equipment if:
(1) the fire protection or fire-fighting equipment is
at least 15 years old and met the National Fire Protection
Association standards at the original time of purchase; and
(2) the volunteer fire department provides fire
protection to an area within the county.
Added by Acts 2003, 78th Leg., ch. 952, § 1, eff. Sept. 1, 2003.
SUBCHAPTER B. COUNTY FIRE MARSHAL
§ 352.011. CREATION OF OFFICE; TERM. (a) The
commissioners court of a county may establish the office of county
fire marshal and provide office facilities, equipment,
transportation, assistants, and professional services for that
office.
(b) The commissioners court shall establish the term of
office for a county fire marshal for a period not to exceed two
years.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 352.012. QUALIFICATIONS FOR OFFICE. (a) To qualify for
office, the county fire marshal must take the oath prescribed by the
constitution of this state and post a bond as required by the
commissioners court conditioned that the marshal will faithfully
and strictly perform the duties of the office.
(b) The county fire marshal may not be directly or
indirectly interested in the sale of fire-fighting equipment and
may not be engaged in any type of fire insurance business.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 352.013. INVESTIGATION OF FIRES. (a) The county fire
marshal shall:
(1) investigate the cause, origin, and circumstances
of fires that occur within the county but outside the
municipalities in the county and that destroy or damage property or
cause injury; and
(2) determine whether a fire was the result of
negligent or intentional conduct.
(b) The commissioners court of a county, with the advice of
the county fire marshal, shall adopt rules and procedures for
determining which fires warrant investigation by the county fire
marshal. The county fire marshal shall begin an investigation
within 24 hours after the receipt of information regarding a fire
that warrants investigation under commissioners court rules and
procedures. The 24-hour period does not include a Sunday.
(c) In the performance of official duties, the county fire
marshal, at any time of day, may enter and examine a structure where
a fire has occurred and may examine adjacent premises.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 2003, 78th Leg., ch. 371, § 1, eff. Sept. 1, 2003.
§ 352.014. RECORD OF INVESTIGATION. The county fire
marshal shall keep a record of each fire that the marshal is
required to investigate. The record must include the facts,
statistics, and circumstances determined by the investigation,
including the origin of the fire and the estimated amount of the
loss. Each fire department and state or local agency that provides
emergency medical services must submit reports requested by the
county fire marshal in a timely manner.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1248, § 64, eff. Sept. 1, 1989; Acts
2003, 78th Leg., ch. 371, § 1, eff. Sept. 1, 2003.
§ 352.015. ARSON INVESTIGATION. (a) If the county fire
marshal determines that further investigation of a fire or of an
attempt to set a fire is necessary, the marshal may:
(1) subpoena witnesses to testify regarding the fire
or attempt;
(2) administer oaths to the witnesses;
(3) take and preserve written statements, affidavits,
and depositions; and
(4) require the production of an instrument that is
pertinent to the investigation.
(b) The county fire marshal shall file in a court of
competent jurisdiction a complaint charging arson, attempted
arson, conspiracy to defraud, or any other crime against a person
the marshal believes to be guilty.
(c) The county fire marshal shall file charges under Section
352.021 in a court of competent jurisdiction against a witness who
refuses to cooperate with the investigation.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 352.016. INSPECTION OR REVIEW OF PLAN FOR FIRE OR LIFE
SAFETY HAZARDS. (a) In this section, "fire or life safety hazard"
means any condition that endangers the safety of a structure or its
occupants and promotes or causes fire or combustion, including:
(1) the presence of a flammable substance;
(2) a dangerous or dilapidated wall, ceiling, or other
structural element;
(3) improper electrical components, heating, or other
building services or facilities;
(4) the presence of a dangerous chimney, flue, pipe,
main, or stove, or of dangerous wiring;
(5) dangerous storage, including storage or use of
hazardous substances; or
(6) inappropriate means of egress, fire protection, or
other fire-related safeguard.
(b) In the interest of safety and fire prevention, the
county fire marshal may inspect for fire or life safety hazards any
structure, appurtenance, fixture, or real property located within
500 feet of a structure, appurtenance, or fixture. The marshal
shall inspect a structure for fire or life safety hazards if called
on to do so. In the absence of a county fire code, the county fire
marshal may conduct an inspection using any nationally recognized
code or standard adopted by the state. If the marshal determines
the presence of a fire or life safety hazard, the marshal may order
the owner or occupant of the premises to correct the hazardous
situation. If ordered to do so, an owner or occupant shall correct
the hazardous situation in accordance with the order.
(b-1) In the interest of safety and fire prevention, the
county fire marshal shall, if required, and may, if requested,
review the plans of a business, single-family residence,
multi-family dwelling, or commercial property for fire or life
safety hazards.
(c) The commissioners court by order may authorize the
county fire marshal to charge a fee to the owner of a business, a
multi-family dwelling, or commercial property for a plan review or
inspection conducted under this section in a reasonable amount
determined by the commissioners court to cover the cost of the plan
review or inspection.
(d) The commissioners court by order may authorize the
county fire marshal to charge a fee to the owner of a single-family
residence for a plan review or inspection conducted under this
section in a reasonable amount determined by the commissioners
court to cover the cost of the plan review or inspection, if the
plan review or inspection is requested by the owner of the property.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 358, § 1, eff. June 14, 1989; Acts
1989, 71st Leg., ch. 760, § 1, eff. Aug. 28, 1989; Acts 1991,
72nd Leg., ch. 851, § 1, eff. Sept. 1, 1991; Acts 2003, 78th
Leg., ch. 371, § 1, eff. Sept. 1, 2003.
§ 352.017. PRIVACY OF EXAMINATIONS; SERVICE OF
PROCESS. (a) In a proceeding under this subchapter, the county
fire marshal may:
(1) conduct an investigation or examination in
private;
(2) exclude a person who is not under examination; and
(3) separate witnesses from each other until each
witness is examined.
(b) Service of process required by this subchapter shall be
made by a peace officer and shall be signed by the county fire
marshal or the fire marshal's deputy.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 2003, 78th Leg., ch. 371, § 2, eff. Sept. 1, 2003.
§ 352.018. EFFECT ON CIVIL ACTIONS. (a) An action taken
by a county fire marshal in the investigation of a fire does not
affect the rights of a policyholder or of any company regarding a
loss caused by the fire.
(b) The result of an investigation by the county fire
marshal of a fire may not be admitted in evidence in the trial of a
civil action brought under the insurance policy.
(c) The statement of an insurance company, the company's
officers, agents, or adjusters, or of a policyholder or the
policyholder's representative, that is made to the county fire
marshal or his representative with respect to the origin or cause or
supposed origin or cause of the fire may not be admitted in evidence
in or made the basis of a civil action for damages.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 352.019. COOPERATION WITH OTHER FIRE PROTECTION
AGENCIES. (a) The county fire marshal shall enforce all state and
county regulations that relate to fires, explosions, or damages of
any kind caused by a fire or explosion.
(b) The county fire marshal shall coordinate the work of the
various fire-fighting and fire prevention units in the county. On
request, the county fire marshal may assist a rural fire prevention
district or emergency services district located wholly or partially
in the county to accomplish its powers and duties.
(b-1) If the commissioners court establishes procedures for
firefighter certification under Subsection (b), the commissioners
court must ensure that the procedures are at least as stringent as
the minimum qualifications set by the Texas Commission on Fire
Protection under Section 419.032, Government Code. This subsection
does not apply to a volunteer firefighter as defined by Section
419.001, Government Code.
(c) The county fire marshal or the county fire marshal's
designee may perform as the incident commander in a major event if
the incident commander of the responsible fire department consents.
The county fire marshal may not enforce orders and decrees within a
municipality in the county unless specifically required to do so by
interlocal agreement and may act in a cooperative and advisory
capacity there only on request.
(d) The county fire marshal shall cooperate with the state
fire marshal to conduct fire prevention and fire-fighting
activities or postfire investigations. The county fire marshal
shall aid or conduct an investigation in a municipality if
requested by the state fire marshal, the municipality, or the fire
chief of the municipality.
(e) A county commissioners court may authorize the fire
marshal to provide training programs and operate a training
facility for the various fire-fighting and fire prevention units in
the county. The county may establish and collect a reasonable fee
for the training programs, use of the facility, and services
provided by the facility.
(f) The commissioners court and county fire marshal may
jointly adopt voluntary guidelines, including voluntary funding
guidelines, for fire departments located in unincorporated areas of
the county, including fire departments located within rural fire
prevention districts or emergency services districts, regarding
participation in the Texas Fire Incident Reporting System (TXFIRS)
or the National Fire Incident Reporting System (NFIRS), or both.
The commissioners court may establish model procedures for
voluntary use by the various fire departments in the county with
respect to:
(1) emergency incident management;
(2) firefighter certification; and
(3) automatic mutual aid.
(g) If a commissioners court authorizes a fire marshal to
provide training programs and operate a training facility under
Subsection (e), the fire marshal must ensure that the training
programs and operation of the training facility are at least as
stringent as the minimum qualifications set by the Texas Commission
on Fire Protection under Section 419.032, Government Code. This
subsection does not apply to a volunteer firefighter as defined by
Section 419.001, Government Code.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 2003, 78th Leg., ch. 371, § 3, eff. Sept. 1, 2003.
§ 352.020. LIABILITY. The county fire marshal and the
assistants and employees of the office are not liable in damages for
any acts or omissions in the performance of their duties except in
cases of gross negligence or wilful malfeasance.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 352.021. CONTEMPT OF FIRE INVESTIGATION
PROCEEDINGS. (a) A person commits an offense if the person is a
witness in connection with an investigation under Section 352.015
and refuses to be sworn, refuses to appear and testify, or fails and
refuses to produce before the county fire marshal any book, paper,
or other document relating to any matter under investigation if
called on by the marshal to do so.
(a-1) A person commits an offense if the person is the owner
of property subject to an investigation under Section 352.015 and
the person refuses to be sworn, refuses to appear and testify, or
fails and refuses to produce before the county fire marshal any
book, paper, or other document relating to any matter under
investigation if called on by the marshal to do so.
(b) An offense under this section is a misdemeanor
punishable by a fine of not more than $2,000.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 2003, 78th Leg., ch. 371, § 4, eff. Sept. 1, 2003; Acts
2005, 79th Leg., ch. 960, § 2, eff. Sept. 1, 2005.
§ 352.022. PENALTY FOR FAILURE TO COMPLY WITH ORDER. An
owner or occupant who is subject to an order issued under Section
352.016 commits an offense if that person fails to comply with the
order. Each refusal to comply is a separate offense. The offense
is a Class B misdemeanor unless it is shown on the trial of the
offense that the defendant has been previously convicted two or
more times under this section, in which event the offense is a state
jail felony.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 2003, 78th Leg., ch. 371, § 5, eff. Sept. 1, 2003.
§ 352.023. EXEMPTION. This subchapter does not apply to
a state agency that is authorized to prevent and extinguish forest
and grass fires.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER C. FIREWORKS
§ 352.051. REGULATION OF RESTRICTED FIREWORKS. (a) For
the purposes of this section the following definitions shall apply:
(1) "Restricted fireworks" means only those items
classified under 49 C.F.R. § 173.100(r)(2) (10-1-86 edition), as
"skyrockets with sticks" and "missiles with fins".
(2) "Drought conditions" shall mean the existence
immediately preceding or during the fireworks season of a long-term
deficit of moisture creating atypically severe conditions with
increased wildfire occurrence as defined by the Texas Forest
Service through the use of the Keetch-Byram Drought Index, or when
such index is not available, through a comparable measurement which
takes into consideration the burning index, spread component, or
ignition component for that particular area.
(b)(1) The Texas Forest Service in the ordinary course of its
activities shall determine whether drought conditions, as defined
under Subsection (a)(2), exist in all or part of any county
requesting such determination. The Texas Forest Service shall make
available the measurement index guidelines that determine whether a
particular area is in drought condition. Following any
determination that such drought conditions exist, the Texas Forest
Service shall notify said county or counties when such drought
conditions no longer exist.
(2) The Texas Forest Service shall be allowed to take
such donations of equipment or funds as necessary to aid in the
carrying out of this section.
(c) Upon a determination under this section that drought
conditions exist within all or part of a specified county, the
commissioners court of such county by order may prohibit or
restrict the sale or use of restricted fireworks in all or a portion
of the unincorporated area of the county where drought conditions
have been determined to exist. In addition, during the December
fireworks season, the commissioners court of a county by order may
restrict or prohibit the sale or use of restricted fireworks in
specified areas when conditions on rural acreage in the county not
under cultivation for a period of at least 12 months are determined
to be extremely hazardous for the danger of fire because of high
grass or dry vegetation.
(d) To facilitate compliance with an order adopted under
Subsection (c), the order must be adopted before:
(1) June 15 of each year for the Fourth of July
fireworks season; and
(2) December 15 of each year for each December
fireworks season.
(e) An order issued under this section shall expire upon
determination as provided under Subsection (b) that such drought
conditions no longer exist.
(f) The county may designate one or more areas of
appropriate size and accessibility in the county as safe areas
where the use of restricted fireworks is not prohibited. The safe
area may be provided by the county, a municipality within the
county, or an individual, business, or corporation. A safe area may
be designated in and provided in the geographic area of the
regulatory jurisdiction of a municipality if the activity conducted
in the safe area is authorized by general law or a municipal
regulation or ordinance. An area is considered safe if adequate
public safety and fire protection services are provided to the
area. A county, municipality, individual, business, or corporation
is not liable for injuries or damages resulting from the
designation, maintenance, or use of the safe area.
(g) A person selling any type of fireworks, including
restricted fireworks, in a county that has adopted an order under
Subsection (c) shall, at every location at which the person sells
fireworks in the county, provide reasonable notice of the order and
reasonable notice of any location designated under Subsection (f)
as a safe area.
(h) An affected party is entitled to injunctive relief to
prevent the violation or threatened violation of a requirement or
prohibition established by an order adopted under this section.
(i) A person commits an offense if the person knowingly or
intentionally violates a prohibition established by an order issued
under this section. An offense under this subsection is a Class C
misdemeanor.
Added by Acts 1991, 72nd Leg., ch. 865, § 1, eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 500, § 1, eff. Aug. 28,
1995; Acts 1997, 75th Leg., ch. 1399, § 1, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 1244, § 1 to 3, eff. Sept. 1, 1999.
Renumbered from § 240.904 by Acts 2001, 77th Leg., ch. 1420, §
12.004, eff. Sept. 1, 2001.
SUBCHAPTER D. OUTDOOR BURNING
§ 352.081. REGULATION OF OUTDOOR BURNING. (a) In this
section, "drought conditions" means the existence of a long-term
deficit of moisture creating atypically severe conditions with
increased wildfire occurrence as defined by the Texas Forest
Service through the use of the Keetch-Byram Drought Index or, when
that index is not available, through the use of a comparable
measurement that takes into consideration the burning index, spread
component, or ignition component for the particular area.
(b) On the request of the commissioners court of a county,
the Texas Forest Service shall determine whether drought conditions
exist in all or part of the county. The Texas Forest Service shall
make available the measurement index guidelines that determine
whether a particular area is in drought condition. Following a
determination that drought conditions exist, the Texas Forest
Service shall notify the county when drought conditions no longer
exist. The Texas Forest Service may accept donations of equipment
or funds as necessary to aid the Texas Forest Service in carrying
out this section.
(c) The commissioners court of a county by order may
prohibit or restrict outdoor burning in general or outdoor burning
of a particular substance in all or part of the unincorporated area
of the county if:
(1) drought conditions have been determined to exist
as provided by Subsection (b); or
(2) the commissioners court makes a finding that
circumstances present in all or part of the unincorporated area
create a public safety hazard that would be exacerbated by outdoor
burning.
(d) An order adopted under this section must specify the
period during which outdoor burning is prohibited or restricted.
The period may not extend beyond the 90th day after the date the
order is adopted. A commissioners court may adopt an order under
this section that takes effect on the expiration of a previous order
adopted under this section.
(e) An order adopted under this section expires, as
applicable, on the date:
(1) a determination is made under Subsection (b) that
drought conditions no longer exist; or
(2) a determination is made by the commissioners court
that the circumstances identified under Subsection (c)(2) no longer
exist.
(f) This section does not apply to outdoor burning
activities:
(1) related to public health and safety that are
authorized by the Texas Natural Resource Conservation Commission
for:
(A) firefighter training;
(B) public utility, natural gas pipeline, or
mining operations; or
(C) planting or harvesting of agriculture crops;
or
(2) that are conducted by a prescribed burn manager
certified under Section 153.048, Natural Resources Code, and meet
the standards of Section 153.047, Natural Resources Code.
(g) Any person is entitled to injunctive relief to prevent
the violation or threatened violation of a prohibition or
restriction established by an order adopted under this section.
(h) A person commits an offense if the person knowingly or
intentionally violates a prohibition or restriction established by
an order adopted under this section. An offense under this
subsection is a Class C misdemeanor.
Added by Acts 1999, 76th Leg., ch. 1435, § 1, eff. Aug. 30, 1999.
Amended by Acts 2001, 77th Leg., ch. 1185, § 1, eff. Sept. 1,
2001. Renumbered from § 240.906 by Acts 2001, 77th Leg., ch.
1420, § 12.004, eff. Sept. 1, 2001.
§ 352.082. OUTDOOR BURNING OF HOUSEHOLD REFUSE IN CERTAIN
RESIDENTIAL AREAS. (a) This section applies only to the
unincorporated area of a county:
(1) that is adjacent to a county with a population of
3.3 million or more; and
(2) in which a planned community is located that has
20,000 or more acres of land, that was originally established under
the Urban Growth and New Community Development Act of 1970 (42
U.S.C. Section 4501 et seq.), and that is subject to restrictive
covenants containing ad valorem or annual variable budget based
assessments on real property.
(b) In this section, "neighborhood" and "refuse" have the
meanings assigned by Section 343.002, Health and Safety Code.
(c) A person commits an offense if the person intentionally
or knowingly burns household refuse outdoors on a lot that is:
(1) located in a neighborhood; or
(2) smaller than five acres.
(d) An offense under this section is a Class C misdemeanor.
On conviction of an offense under this section, the court shall
require the defendant, in addition to any fine, to perform
community service as provided by Section 16(e), Article 42.12, Code
of Criminal Procedure.
Added by Acts 2005, 79th Leg., ch. 904, § 2, eff. Sept. 1, 2005.
SUBCHAPTER E. GATED COMMUNITIES AND MULTI-UNIT HOUSING PROJECTS
§ 352.111. GATED COMMUNITY OR HOUSING PROJECT SUBJECT TO
SUBCHAPTER. This subchapter applies only to a gated community, or
to a multi-unit housing project that controls access to the project
by a pedestrian or vehicular gate, located outside municipal
boundaries in an area not already subject to municipal regulations
regarding vehicular or pedestrian gates.
Added by Acts 2001, 77th Leg., ch. 111, § 1, eff. Sept. 1, 2001.
Amended by Acts 2005, 79th Leg., ch. 681, § 2, eff. June 17,
2005.
§ 352.112. DEFINITIONS. In this subchapter:
(1) "Gated community" means a residential subdivision
or housing development with a vehicular or pedestrian gate that
contains two or more dwellings not under common ownership. The term
does not include a multi-unit housing project.
(2) "Multi-unit housing project" means an apartment,
condominium, or townhome project that contains two or more dwelling
units.
Added by Acts 2001, 77th Leg., ch. 111, § 1, eff. Sept. 1, 2001.
Amended by Acts 2005, 79th Leg., ch. 681, § 3, eff. June 17,
2005.
§ 352.113. COUNTY AUTHORITY TO REGULATE VEHICULAR OR
PEDESTRIAN GATES TO GATED COMMUNITIES AND MULTI-UNIT HOUSING
PROJECTS. To assure reasonable access for fire-fighting vehicles
and equipment, emergency medical services vehicles, and law
enforcement officers, a county may require the owner or the owners
association of a gated community or multi-unit housing project to
comply with this subchapter.
Added by Acts 2001, 77th Leg., ch. 111, § 1, eff. Sept. 1, 2001.
Amended by Acts 2005, 79th Leg., ch. 681, § 4, eff. June 17,
2005.
§ 352.114. LOCKBOX REQUIREMENTS. (a) Each vehicular gate
to the gated community or multi-unit housing project must have a
lockbox within sight of the gate and in close proximity outside the
gate. The lockbox at all times must contain a key, card, or code to
open the gate or a key switch or cable mechanism that overrides the
key, card, or code that normally opens the gate and allows the gate
to be opened manually.
(b) If there are one or more pedestrian gates, at least one
pedestrian gate must have a lockbox within sight of the gate and in
close proximity outside the gate. The lockbox at all times must
contain a key, card, code, key switch, or cable mechanism to open
the gate.
(c) If different pedestrian gates are operated by different
keys, cards, or codes, the lockbox must contain:
(1) each key, card, or code, properly labeled for its
respective gate; or
(2) a single master key, card, or code or a key switch
or cable mechanism that will open every gate.
(d) Access to a lockbox required by this section shall be
limited to a person or agency providing fire-fighting or emergency
medical services or law enforcement for the county.
(e) If a gate is powered by electricity, it must be possible
to open the gate without a key, card, code, or key switch if the gate
loses electrical power.
Added by Acts 2001, 77th Leg., ch. 111, § 1, eff. Sept. 1, 2001.
Amended by Acts 2005, 79th Leg., ch. 681, § 5, eff. June 17,
2005.
§ 352.115. ADDITIONAL ACCESSIBILITY REQUIREMENTS. (a)
In a gated community or multi-unit housing project that has one or
more vehicular gates:
(1) at least one vehicular gate must be wide enough for
fire-fighting vehicles, fire-fighting equipment, emergency medical
services vehicles, or law enforcement vehicles to enter; and
(2) at least one driveway apron or entrance from the
public right-of-way must be free of permanent obstacles that might
impede entry by a vehicle or equipment listed in Subdivision (1).
(b) The county fire marshal or other authority shall waive
the vehicular gate width requirements of Subsection (a) for a
multi-unit housing project completed before January 1, 2002, if the
requirements cannot readily be met because of space limitations or
excessive cost. For purposes of this subsection, $6,000 per
entrance based on the value of the dollar on January 1, 2000, is
considered an excessive cost for expanding gate width and achieving
an obstacle-free driveway apron or entrance.
(c) A pedestrian gate in a gated community or multi-unit
housing project must be located so as to provide firefighters, law
enforcement officers, and other emergency personnel reasonable
access to each building.
(d) This section does not require a multi-unit housing
project to have a vehicular gate or a pedestrian gate.
Added by Acts 2001, 77th Leg., ch. 111, § 1, eff. Sept. 1, 2001.
Amended by Acts 2005, 79th Leg., ch. 681, § 6, eff. June 17,
2005.
§ 352.116. BUILDING IDENTIFICATION. A county may require
each residential building in a multi-unit housing project to have a
number or letter in a contrasting color on the side of the building
and placed so that the number or letter can be seen from the
vehicular driving areas by a responding emergency agency.
Added by Acts 2001, 77th Leg., ch. 111, § 1, eff. Sept. 1, 2001.
§ 352.117. COUNTY AUTHORITY TO REQUIRE PERMIT. (a) A
county may require the owner or the owners association of a gated
community or multi-unit housing project to obtain a permit from the
county fire marshal or other authority with fire-fighting
jurisdiction in the county to ensure compliance with this
subchapter.
(b) A permit may be issued under this subchapter only if the
requirements of this subchapter and standards adopted under this
subchapter are met.
(c) To pay for the cost of administering the permits, the
county may collect a one-time fee not to exceed $50 from each person
to whom a permit is issued under this section.
Added by Acts 2001, 77th Leg., ch. 111, § 1, eff. Sept. 1, 2001.
Amended by Acts 2005, 79th Leg., ch. 681, § 7, eff. June 17,
2005.
§ 352.118. SUSPENSION OR REVOCATION OF LICENSE. (a) A
permit issued under this subchapter may be suspended or revoked for
violation of this subchapter or a regulation adopted under this
subchapter after notice and a hearing on a complaint by the county
fire marshal or other authority having jurisdiction for fire
fighting, emergency medical service, or law enforcement. The
hearing shall be held by the commissioners court of the county or by
a person or entity designated by the commissioners court.
(b) A permit may be reinstated or a new permit issued if each
violation that is a ground of the complaint is corrected within the
time prescribed by the entity that holds the hearing.
Added by Acts 2001, 77th Leg., ch. 111, § 1, eff. Sept. 1, 2001.
§ 352.119. LIMITATION ON SPECIFIC COUNTY STANDARDS. (a)
A county may not impose under this subchapter specific standards
relating to vehicular gate widths, obstacle-free driveway aprons or
entrances, pedestrian gate locations, or building numbers that
exceed the requirements for new gated communities or new multi-unit
housing projects contained in the municipal ordinances of:
(1) the municipality within whose extraterritorial
jurisdiction the gated community or multi-unit housing project is
located; or
(2) the municipality nearest, on a straight line, to
the boundary of the gated community or multi-unit housing project,
if the community or project is not within the extraterritorial
jurisdiction of a municipality.
(b) The county fire marshal or other authority with
fire-fighting jurisdiction may adopt reasonable standards relating
to vehicular gate width, obstacle-free driveway aprons or
entrances, pedestrian gate locations, and building numbers if the
appropriate municipality described by Subsection (a) has not
adopted applicable standards.
Added by Acts 2001, 77th Leg., ch. 111, § 1, eff. Sept. 1, 2001.
Amended by Acts 2005, 79th Leg., ch. 681, § 8, eff. June 17,
2005.
§ 352.120. OFFENSE. A person who violates this
subchapter or a regulation adopted under this subchapter in a
county that requires compliance with this subchapter under Section
352.113 commits an offense. An offense under this section is a
Class C misdemeanor.
Added by Acts 2001, 77th Leg., ch. 111, § 1, eff. Sept. 1, 2001.
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