HB 3089

84(R) - 2015
House Public Education
House Public Education

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Negative
  • Neutral


Rick Galindo


Diego Bernal
Trey Martinez Fischer
Ruth Jones McClendon

Bill Caption

Relating to fire protection sprinkler systems in residential high-rise buildings; creating a criminal offense.

Fiscal Notes

No fiscal implication to the State.

Local Government

No significant fiscal implication to units of local government is anticipated.

Costs associated with enforcement and prosecution, and revenue gain from fines imposed and collected would vary depending on the number of offenses committed; however, the amounts are not anticipated to have a significant fiscal impact.

Bill Analysis

HB 3089 would amend the Health and Safety Code and affects residential high-rise buildings in a county with a population of more than 1.5 million in which more than 75 percent of the population resides in a single municipality.  This would require those buildings to be equipped with a complete fire protection sprinkler system. The bill would require the governing body of a municipality in which a residential high-rise building is located or, if the building is not located in a municipality, the commissioners court of the county in which the building is located to adopt a standard to be in compliance with National Fire Protection Association 13: Standard for the Installation of Sprinkler Systems for the installation of fire protection sprinkler systems in a residential high-rise building.

This bill would create temporary provisions to phase in compliance that expire September 1, 2028. The owner of a building affected under this legislation must provide notice of intent to comply with the requirement before the September 1, 2028 deadline.

The bill would authorize the appropriate party to bring action in the name of the state for an injunction to enforce the bill's provisions for the requirement against the owner.  A violation of the injunction constitutes contempt of court. The owner of a  building not in compliance with the proposed requirement would be punishable by a fine of up to $10,000.

Vote Recommendation Notes

This bill abridges the principle of limited government. It affects a very specific area of the state of Texas and these issues are better addressed locally. For this reason, we oppose HB 3089.