reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 759 - Roller-Skating Centers › Section 759.001. Definitions

Sec. 759.001.  DEFINITIONS.  In this chapter:
(1)  "Operator" means a person who owns, controls, or has operational responsibility for a roller-skating center.
(2)  "Roller-skating center" means a facility or a portion of a facility that is specifically designed for roller skating by the public.
(3)  "Spectator" means an individual who is present in a roller-skating center only to observe skating activity, regardless of whether the skating activity is recreational or competitive.
Added by Acts 1993, 73rd Leg., ch. 909, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Health & Safety Code Sec. 757.001 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(35), eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 759 - Roller-Skating Centers › Section 759.002. Duties of Operator

Sec. 759.002.  DUTIES OF OPERATOR.  An operator shall:
(1)  provide at least one individual to act as a floor guard for approximately every 200 skaters;
(2)  require each floor guard to:
(A)  wear attire that identifies the individual as a floor guard;
(B)  be on duty at all times while skating is allowed;
(C)  direct and supervise skaters and spectators;  and
(D)  watch for foreign objects that may have fallen on the floor;
(3)  inspect and maintain in good condition the roller-skating surface and the railings, kickboards, and walls surrounding the roller-skating surface;
(4)  inspect and maintain in good mechanical condition roller-skating equipment that the operator leases or rents to roller skaters;
(5)  comply with the Roller-Skating Rink Safety Standards, 1980 edition, published by the Roller Skating Rink Operators Association of America;
(6)  post the duties of roller skaters and spectators prescribed by this chapter in conspicuous places in the roller-skating center;  and
(7)  maintain the stability and legibility of all required signs, symbols, and posted notices.
Added by Acts 1993, 73rd Leg., ch. 909, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Health & Safety Code Sec. 757.002 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(35), eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 759 - Roller-Skating Centers › Section 759.003. Duties of Roller Skaters

Sec. 759.003.  DUTIES OF ROLLER SKATERS.  (a)  A roller skater:
(1)  shall comply with each posted sign or warning that relates to the behavior and responsibility of the roller skater in the roller-skating center;
(2)  shall obey instructions given by the operator, floor guard, or other roller-skating center personnel;
(3)  shall maintain reasonable control over the speed and direction of the roller skater's skating at all times;
(4)  shall be reasonably aware of other roller skaters or objects in the roller-skating center to avoid colliding with other roller skaters or objects;
(5)  shall know the roller skater's ability to control the intended direction of skating and shall skate within the limits of that ability;  and
(6)  may not act in a manner that may cause injury to others.
(b)  The conduct of a child shall be evaluated based on the child's experience, intelligence, capacity, and age to determine if the child violated this section or Section 757.004.
Added by Acts 1993, 73rd Leg., ch. 909, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Health & Safety Code Sec. 757.003 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(35), eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 759 - Roller-Skating Centers › Section 759.004. Duty of Spectator

Sec. 759.004.  DUTY OF SPECTATOR.  A spectator shall comply with each posted sign or warning that relates to the behavior of the spectator in the roller-skating center.
Added by Acts 1993, 73rd Leg., ch. 909, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Health & Safety Code Sec. 757.004 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(35), eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 759 - Roller-Skating Centers › Section 759.005. Liability

Sec. 759.005.  LIABILITY.  (a)  The liability of an operator is limited to those injuries or damages proximately caused by a breach of the operator's duties prescribed by Section 757.002.
(b)  The determination of the percentage of responsibility for an injury or damage shall be made according to Chapter 33, Civil Practice and Remedies Code.
Added by Acts 1993, 73rd Leg., ch. 909, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Health & Safety Code Sec. 757.005 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(35), eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 760 - Ice Skating Centers › Section 760.001. Definitions

Sec. 760.001.  DEFINITIONS.  In this chapter:
(1)  "Ice skating center" means that portion of a facility that is designed for ice skating by the public.
(2)  "Operator" means a person who owns, controls, or has operational responsibility for an ice skating center.
(3)  "Spectator" means an individual who is present in an ice skating center only to observe ice skating, regardless of whether the skating is recreational or competitive.
Added by Acts 1997, 75th Leg., ch. 141, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 760 - Ice Skating Centers › Section 760.002. Duties of Operator

Sec. 760.002.  DUTIES OF OPERATOR.  An operator shall:
(1)  provide at least one individual to act as a rink monitor for approximately every 200 ice skaters at any time public skating is allowed;
(2)  require a rink monitor to:
(A)  wear attire that identifies the individual as a rink monitor;
(B)  direct and supervise skaters and spectators;  and
(C)  watch for and remove in a timely fashion all foreign objects that may have fallen on the ice skating surface;
(3)  inspect and maintain in good condition the ice skating surface and the floors, railings, boards, and walls surrounding the ice skating surface;
(4)  inspect and maintain in good mechanical condition ice skating equipment that the operator leases or rents to ice skaters;
(5)  comply with the risk management guidelines for ice skating rinks endorsed by the board of directors of the Ice Skating Institute of America on August 27, 1996;
(6)  post the duties of ice skaters and spectators prescribed by this chapter in conspicuous places in the ice skating center;
(7)  maintain the stability and legibility of all required signs, symbols, and posted notices;  and
(8)  maintain liability insurance of at least $500,000 combined single limits for personal injury, death, or property damage.
Added by Acts 1997, 75th Leg., ch. 141, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 760 - Ice Skating Centers › Section 760.003. Duties of Ice Skaters

Sec. 760.003.  DUTIES OF ICE SKATERS.  (a)  An ice skater shall:
(1)  comply with each posted sign or warning that relates to the behavior and responsibility of the ice skater in the ice skating center;
(2)  obey instructions given by the operator, rink monitor, or other ice skating center personnel;
(3)  maintain reasonable control over the speed and direction of the ice skater's skating at all times;
(4)  be reasonably aware of other ice skaters or objects in the ice skating center to avoid colliding with other ice skaters or objects;  and
(5)  know the ice skater's ability to control the intended direction of skating and skate within the limits of that ability.
(b)  An ice skater may not act in a manner that may cause injury to others.
Added by Acts 1997, 75th Leg., ch. 141, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 760 - Ice Skating Centers › Section 760.004. Duty of Spectator

Sec. 760.004.  DUTY OF SPECTATOR.  A spectator shall comply with each posted sign or warning that relates to the behavior of the spectator in the ice skating center.
Added by Acts 1997, 75th Leg., ch. 141, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 760 - Ice Skating Centers › Section 760.005. Duty of Child

Sec. 760.005.  DUTY OF CHILD.  In determining whether the conduct of a child violates Section 760.003 or 760.004, the conduct shall be evaluated based on the child's experience, intelligence, capacity, and age.
Added by Acts 1997, 75th Leg., ch. 141, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 760 - Ice Skating Centers › Section 760.006. Liability

Sec. 760.006.  LIABILITY.  (a)  Except for actions against an operator for gross negligence, malice, or intentional conduct, an operator is not liable in negligence for damages for personal injury, property damage, or death unless the personal injury, property damage, or death is caused by a breach of a duty prescribed in Section 760.002.
(b)  Chapter 33, Civil Practice and Remedies Code, applies to an action brought against an operator.
Added by Acts 1997, 75th Leg., ch. 141, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 765 - Criminal History Record Information Checks of Employees of Residential Dwelling Projects › Section 765.001. Definitions

Sec. 765.001.  DEFINITIONS.  In this chapter:
(1)  "Department" means the Department of Public Safety.
(2)  "Dwelling" means one or more rooms rented for residential purposes to one or more tenants.
(3)  "Employer" means a person who employs employees to work at a residential dwelling project.
(4)  "Employee" means an individual who performs services for compensation at a residential dwelling project and who is employed by the entity that owns the project or represents the owner in managing or leasing dwellings in the project.  The term does not include an independent contractor.
(5)  "Occupant" means an individual who resides in a dwelling in a residential dwelling project, other than:
(A)  a tenant of the dwelling;  or
(B)  the owner or manager of the dwelling.
(6)  "Residential dwelling project" means a house, condominium, apartment building, duplex, or similar facility that is used as a dwelling or a facility that provides lodging to guests for compensation including a hotel, motel, inn, bed and breakfast facility, or similar facility.  The term does not include a nursing home or other related institution regulated under Chapter 242.
Added by Acts 1989, 71st Leg., ch. 1194, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 694, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Human Resources Code Sec. 135.001 and amended by Acts 1997, 75th Leg., ch. 572, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 765 - Criminal History Record Information Checks of Employees of Residential Dwelling Projects › Section 765.002. Application of Chapter; Exception

Sec. 765.002.  APPLICATION OF CHAPTER;  EXCEPTION.  (a)  This chapter applies to each applicant for a position of employment in a residential dwelling project to whom an offer of employment is made and who, in the course and scope of the employment, may be reasonably required to have access to a dwelling in the residential dwelling project.
(b)  This chapter does not apply to a person employed by an occupant or tenant of a dwelling in a residential dwelling project.
Added by Acts 1989, 71st Leg., ch. 1194, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 694, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Human Resources Code Sec. 135.002 and amended by Acts 1997, 75th Leg., ch. 572, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 765 - Criminal History Record Information Checks of Employees of Residential Dwelling Projects › Section 765.003. Verification of Criminal History Record Information

Sec. 765.003.  VERIFICATION OF CRIMINAL HISTORY RECORD INFORMATION.  (a)  An employer may request an applicant to disclose to the employer the applicant's criminal history at any time before or after an offer of employment is made to the applicant.  After an offer of employment is made, the employer may verify through the department any criminal history record information that is maintained by the department relating to that applicant and that the department is authorized to release under Chapter 411, Government Code. The employer may verify the information only with the authorization of the applicant and in compliance with this section.
(b)  The department may adopt rules or apply rules adopted under Section 411.086, Government Code, regarding the method of requesting information under this chapter.
(c)  The department may adopt rules relating to an employer's access to criminal history record information, including requirements for submission of:
(1)  the employer's complete name, current street address, and federal employer identification number;
(2)  an affidavit by an authorized representative of the employer that the individual whose criminal history is requested has been offered a position of employment by the employer in a residential dwelling project and that, in the course and scope of the employment, the individual may be reasonably required to have access to a dwelling in the residential dwelling project;  and
(3)  the complete name, date of birth, social security number, and current street address of the individual signing the affidavit.
(d)  An affidavit submitted under Subsection (c) must include a statement, executed by the individual offered the position of employment, that authorizes the employer to obtain the criminal history record of the individual.
(e)  The department may not provide an employer with the criminal history record information of an applicant under this chapter unless the employer is entitled to receive the information under Section 411.118, Government Code.
(f)  This chapter does not require an employer to obtain criminal history record information under this chapter.
Added by Acts 1989, 71st Leg., ch. 1194, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(57), eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 694, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Human Resources Code Sec. 135.003 and amended by Acts 1997, 75th Leg., ch. 572, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 765 - Criminal History Record Information Checks of Employees of Residential Dwelling Projects › Section 765.004. Privilege

Sec. 765.004.  PRIVILEGE.  Criminal history record information received by an employer under this chapter is privileged and is for the exclusive use of the employer.  The employer may disclose the information to an authorized officer, employee, or agent of the employer only for the purpose of making a determination regarding the suitability of an individual for employment.  Otherwise, an employer, or any individual to whom the employer may have disclosed information, may not release or otherwise disclose the information received under this chapter to any person or governmental entity except on court order or with the written consent of the individual being investigated.
Added by Acts 1989, 71st Leg., ch. 1194, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 694, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Human Resources Code Sec. 135.004 by Acts 1997, 75th Leg., ch. 572, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 765 - Criminal History Record Information Checks of Employees of Residential Dwelling Projects › Section 765.005. Penalty

Sec. 765.005.  PENALTY.  An individual who is an officer, employee, or agent of an employer and who knowingly or intentionally violates Section 765.004 or submits false information to the department commits an offense.  An offense under this section is a Class A misdemeanor.
Added by Acts 1989, 71st Leg., ch. 1194, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 694, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Human Resources Code Sec. 135.005 and amended by Acts 1997, 75th Leg., ch. 572, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 765 - Criminal History Record Information Checks of Employees of Residential Dwelling Projects › Section 765.006. Effect of Submission of False Information

Sec. 765.006.  EFFECT OF SUBMISSION OF FALSE INFORMATION.  An employer may terminate the employment of an individual who, at the time of the individual's application for employment or after the individual has been employed by the employer, submits false information relating to the individual's criminal history.
Added by Acts 1993, 73rd Leg., ch. 694, Sec. 1, eff. Sept. 1, 1993.  Renumbered from V.T.C.A, Human Resources Code Sec. 135.006 by Acts 1997, 75th Leg., ch. 572, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 765 - Criminal History Record Information Checks of Employees of Residential Dwelling Projects › Section 765.007. Other Information

Sec. 765.007.  OTHER INFORMATION.  This chapter does not prevent an employer from asking an applicant for employment or an employee to provide other information if the request for that information is not otherwise prohibited by law.
Added by Acts 1993, 73rd Leg., ch. 694, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Human Resources Code Sec. 135.007 by Acts 1997, 75th Leg., ch. 572, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 766 - Fire Safety in Residential Dwellings › Subchapter A. Smoke Detectors and Fire Safety Information › Section 766.001. Definitions

Sec. 766.001.  DEFINITIONS.  In this chapter:
(1)  "Carbon monoxide alarm" means a device that detects and sounds an alarm to indicate the presence of a harmful level of carbon monoxide gas.
(2)  "Department" means the Texas Department of Insurance.
(3)  "Fossil fuel" includes coal, kerosene, oil, wood, fuel gases, and other petroleum or hydrocarbon products.
(4)  "One-family or two-family dwelling" means a structure that has one or two residential units that are occupied as, or designed or intended for occupancy as, a residence by individuals.
(5)  "Smoke detector" means a device or a listed component of a system that detects and sounds an alarm to indicate the presence of visible or invisible products of combustion in the air.
(6)  "Smoke detector for hearing-impaired persons" has the meaning assigned by Section 792.001.
Added by Acts 2007, 80th Leg., R.S., Ch. 1051 (H.B. 2118), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 766 - Fire Safety in Residential Dwellings › Subchapter A. Smoke Detectors and Fire Safety Information › Section 766.002. Smoke Detector Requirement

Sec. 766.002.  SMOKE DETECTOR REQUIREMENT.  (a)  Each one-family or two-family dwelling constructed in this state must have working smoke detectors installed in the dwelling in accordance with the smoke detector requirements of the building code in effect in the political subdivision in which the dwelling is located, including performance, location, and power source requirements.
(b)  If a one-family or two-family dwelling does not comply with the smoke detector requirements of the building code in effect in the political subdivision in which the dwelling is located, any home improvement to the dwelling that requires the issuance of a building permit must include the installation of smoke detectors in accordance with the building code in effect in the political subdivision in which the dwelling is located, including performance, location, and power source requirements.
Added by Acts 2007, 80th Leg., R.S., Ch. 1051 (H.B. 2118), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 766 - Fire Safety in Residential Dwellings › Subchapter A. Smoke Detectors and Fire Safety Information › Section 766.0021. Smoke Detector for Hearing-Impaired Persons

Sec. 766.0021.  SMOKE DETECTOR FOR HEARING-IMPAIRED PERSONS.  (a)  A purchaser under a written contract for the sale of a one-family or two-family dwelling may require the seller to install smoke detectors for hearing-impaired persons if:
(1)  the purchaser or a member of the purchaser's family who will reside in the dwelling is a hearing-impaired person;
(2)  the purchaser provides written evidence of the hearing impairment signed by a licensed physician; and
(3)  not later than the 10th day after the effective date of the contract, the purchaser requests in writing that the seller install smoke detectors for hearing-impaired persons and specifies the locations in the dwelling where the smoke detectors are to be installed.
(b)  If the seller is required to install smoke detectors for hearing-impaired persons under Subsection (a), the seller and purchaser may agree:
(1)  which party will bear the cost of installing the smoke detectors; and
(2)  which brand of smoke detectors to install.
(c)  The seller must install the smoke detectors not later than the closing date of the sale of the dwelling.
(d)  A purchaser may terminate the contract to purchase the dwelling if the seller fails to install smoke detectors for hearing-impaired persons as required by this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1051 (H.B. 2118), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 766 - Fire Safety in Residential Dwellings › Subchapter A. Smoke Detectors and Fire Safety Information › Section 766.0025. Fraternity and Sorority Houses

Sec. 766.0025.  FRATERNITY AND SORORITY HOUSES.  (a)  In this section, "fraternity or sorority house" means a dwelling that:
(1)  is a separate structure and that is not a multiunit residential property composed of multiple independent residential units; and
(2)  serves as living quarters for members of a fraternity or sorority.
(b)  The owner of a fraternity or sorority house must have working smoke detectors installed in the fraternity house or sorority house in accordance with the smoke detector requirements of the building code in effect in the political subdivision in which the fraternity or sorority house is located, including performance, location, and power source requirements.
Added by Acts 2007, 80th Leg., R.S., Ch. 1051 (H.B. 2118), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 766 - Fire Safety in Residential Dwellings › Subchapter A. Smoke Detectors and Fire Safety Information › Section 766.003. Information Relating to Fire Safety and Carbon Monoxide Dangers

Sec. 766.003.  INFORMATION RELATING TO FIRE SAFETY AND CARBON MONOXIDE DANGERS.  (a)  The department shall prepare information of public interest relating to:
(1)  fire safety in the home; and
(2)  the dangers of carbon monoxide.
(b)  The information must inform the public about:
(1)  ways to prevent fires in the home, and actions to take if a fire occurs in the home;
(2)  the need to test smoke detectors every month to ensure the smoke detector is working;
(3)  replacing the battery in a battery-operated smoke detector every six months;
(4)  the need to have fire safety equipment in the home, including fire extinguishers and emergency escape ladders;
(5)  the need to develop and practice a fire escape plan;
(6)  the availability of carbon monoxide detectors;
(7)  using carbon monoxide alarms as a backup to prevent carbon monoxide poisoning; and
(8)  the need to properly use and maintain fossil fuel-burning appliances.
(c)  The department shall distribute the information described by this section to the public in any manner the department determines is cost-effective, including providing the information on the department's Internet website and publishing informational pamphlets.
Added by Acts 2007, 80th Leg., R.S., Ch. 1051 (H.B. 2118), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 766 - Fire Safety in Residential Dwellings › Subchapter B. Fire Protection Sprinkler Systems in Certain Residential High-Rise Buildings in Certain Counties › Section 766.051. Definitions

Sec. 766.051.  DEFINITIONS.  In this subchapter:
(1)  "Fire protection sprinkler system" means an assembly of underground or overhead piping or conduits that conveys water with or without other agents to dispersal openings or devices to:
(A)  extinguish, control, or contain fire; and
(B)  provide protection from exposure to fire or the products of combustion.
(2)  "Residential high-rise building" means a building used primarily for a residential purpose and that extends 75 feet or more from the ground.
Added by Acts 2015, 84th Leg., R.S., Ch. 871 (H.B. 3089), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 766 - Fire Safety in Residential Dwellings › Subchapter B. Fire Protection Sprinkler Systems in Certain Residential High-Rise Buildings in Certain Counties › Section 766.052. Applicability of Subchapter

Sec. 766.052.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a residential high-rise building:
(1)  that is located in a county with a population of more than 1.5 million in which more than 70 percent of the population resides in a single municipality;
(2)  in which at least 50 percent of the residents are elderly individuals, individuals with a disability, or individuals with a mobility impairment; and
(3)  that is not designated as a historically or archaeologically significant site by the Texas Historical Commission or the governing body of the county or municipality in which the building is located.
Added by Acts 2015, 84th Leg., R.S., Ch. 871 (H.B. 3089), Sec. 2, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 102, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 766 - Fire Safety in Residential Dwellings › Subchapter B. Fire Protection Sprinkler Systems in Certain Residential High-Rise Buildings in Certain Counties › Section 766.053. Fire Protection Sprinkler Systems Required; Standard

Sec. 766.053.  FIRE PROTECTION SPRINKLER SYSTEMS REQUIRED; STANDARD.  (a)  A residential high-rise building must be equipped with a complete fire protection sprinkler system that is in good working order and is in compliance with this section.
(b)  The governing body of a municipality in which a residential high-rise building subject to this subchapter is located or, if the building is not located in a municipality, the commissioners court of the county in which the building is located shall adopt a standard for the installation of fire protection sprinkler systems in a residential high-rise building.
(c)  The standard adopted must be in compliance with National Fire Protection Association 13: Standard for the Installation of Sprinkler Systems.  Until the governing body of the municipality or commissioners court of the county, as applicable, adopts a standard as required by this section, the standard is the Standard for the Installation of Sprinkler Systems of the National Fire Protection Association, as that standard existed on September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 871 (H.B. 3089), Sec. 2, eff. September 1, 2015.
For expiration of this section, see Subsection (i).
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 766 - Fire Safety in Residential Dwellings › Subchapter B. Fire Protection Sprinkler Systems in Certain Residential High-Rise Buildings in Certain Counties › Section 766.054. Phase-in Compliance for Owners of Certain Residential High-Rise Buildings

Sec. 766.054.  PHASE-IN COMPLIANCE FOR OWNERS OF CERTAIN RESIDENTIAL HIGH-RISE BUILDINGS.  (a)  This section applies only to an owner of a residential high-rise building built before September 1, 2015.
(b)  Not later than September 1, 2018, an owner of a residential high-rise building shall provide notice of the owner's intent to comply with this subchapter to:
(1)  if the building is located in a municipality, the appropriate code official of the municipality in which the building is located; or
(2)  if the building is not located in a municipality, the county clerk of the county in which the building is located.
(c)  Not later than September 1, 2021, the owner of a residential high-rise building shall install a water supply on all floors of the building in accordance with National Fire Protection Association 13: Standard for the Installation of Sprinkler Systems.
(d)  Not later than September 1, 2024, the owner of a residential high-rise building shall install a fire protection sprinkler system in accordance with this subchapter on at least 50 percent of the floors of the building.
(e)  Not later than September 1, 2027, the owner of a residential high-rise building shall install a fire protection sprinkler system in accordance with this subchapter on all floors of the building.
(f)  Notwithstanding Subsections (b), (c), (d), and (e), an owner of multiple residential high-rise buildings built before September 1, 2015, is considered to have met the requirements of this section if a fire protection sprinkler system is installed on all floors of:
(1)  at least 33 percent of the owner's residential high-rise buildings not later than September 1, 2021;
(2)  at least 66 percent of the owner's residential high-rise buildings not later than September 1, 2024; and
(3)  all of the owner's residential high-rise buildings not later than September 1, 2027.
(g)  If a residential high-rise building is a condominium as defined by Section 81.002 or 82.003, Property Code, the apartment or unit owners of the condominium may comply with this subchapter by acting jointly through the council of owners or unit owners' association, as applicable, of the condominium.
(h)  For purposes of Sections 766.055 and 766.056, a residential high-rise building is in compliance with this subchapter if the owner of the building has met the requirements of this section.
(i)  This section expires September 1, 2028.
Added by Acts 2015, 84th Leg., R.S., Ch. 871 (H.B. 3089), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 766 - Fire Safety in Residential Dwellings › Subchapter B. Fire Protection Sprinkler Systems in Certain Residential High-Rise Buildings in Certain Counties › Section 766.055. Injunction

Sec. 766.055.  INJUNCTION.  (a)  The attorney general, the county attorney of a county in which a residential high-rise building is located, or the district attorney of a county in which the building is located may bring an action in the name of the state for an injunction to enforce this subchapter against the owner or person in charge of a residential high-rise building not in compliance with this subchapter.
(b)  The action must be brought in the district court of the county in which the residential high-rise building is located.
(c)  The attorney general, county attorney of the county in which the residential high-rise building is located, or district attorney of the county in which the building is located, as applicable, shall give the owner or person in charge of the building notice of the time and place of a hearing for an action brought under this section not later than the 10th day before the date of the hearing.
(d)  A district judge may issue a mandatory injunction against the owner or person in charge of a residential high-rise building not in compliance with this subchapter to enforce this subchapter.  Violation of an injunction issued under this section constitutes contempt of court and is punishable in the manner provided for contempt.
Added by Acts 2015, 84th Leg., R.S., Ch. 871 (H.B. 3089), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 766 - Fire Safety in Residential Dwellings › Subchapter B. Fire Protection Sprinkler Systems in Certain Residential High-Rise Buildings in Certain Counties › Section 766.056. Criminal Penalty

Sec. 766.056.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person is the owner of a residential high-rise building that is not in compliance with this subchapter.
(b)  A person commits an offense if the person serves as an agent for an owner who is not a resident of this state in the care, management, supervision, control, or rental of a residential high-rise building not in compliance with this subchapter.
(c)  An offense under this section is punishable by a fine of not more than $10,000.
Added by Acts 2015, 84th Leg., R.S., Ch. 871 (H.B. 3089), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 768 - Children Participating in Rodeos › Section 768.001. Definitions

Sec. 768.001.  DEFINITIONS.  In this chapter:
(1)  "Bull riding helmet" means a rodeo helmet that is designed to provide substantial protection for a person's head and face during bull riding.
(2)  "Child" means a person under 18 years of age.
(3)  "Department" means the Department of State Health Services.
(4)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(5)  "Protective vest" means protective clothing that covers a person's chest and torso to prevent or mitigate injury to those areas.
(6)  "Rodeo" means an exhibition or competition, without regard to whether the participants are compensated, involving activities related to cowboy skills, including:
(A)  riding a horse, with or without a saddle, with the goal of remaining on the horse while it attempts to throw off the rider;
(B)  riding a bull;
(C)  roping an animal, including roping as part of a team;
(D)  wrestling a steer; and
(E)  riding a horse in a pattern around preset barrels or other obstacles.
Added by Acts 2009, 81st Leg., R.S., Ch. 868 (S.B. 2505), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 768 - Children Participating in Rodeos › Section 768.002. Protective Gear Required for Children Engaging in Certain Rodeo Activities

Sec. 768.002.  PROTECTIVE GEAR REQUIRED FOR CHILDREN ENGAGING IN CERTAIN RODEO ACTIVITIES.  (a)  A child may not engage in, and a parent or legal guardian of the child may not knowingly or recklessly permit the child to engage in, bull riding, including engaging in bull riding outside a rodeo for the purpose of practicing bull riding, unless the child is wearing a bull riding helmet and a protective vest.
(b)  To satisfy the requirements of this section, a helmet or protective vest must meet the standards adopted under Section 768.004.
(c)  In a cause of action in which damages are sought for injuries or death suffered by a child in connection with bull riding, the failure of the child or of the parent or legal guardian of the child to comply with this chapter does not constitute responsibility causing or contributing to the cause of the child's injuries or death for purposes of Chapter 33, Civil Practice and Remedies Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 868 (S.B. 2505), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 768 - Children Participating in Rodeos › Section 768.003. Rodeos Associated With School

Sec. 768.003.  RODEOS ASSOCIATED WITH SCHOOL.  (a)  This section applies only to a primary or secondary school that sponsors, promotes, or otherwise is associated with a rodeo in which children who attend the school are likely to participate.
(b)  A primary or secondary school to which this section applies shall, before the first rodeo associated with the school in each school year, conduct a mandatory educational program on safety, including the proper use of protective gear, for children planning to participate in the rodeo.  The educational program may consist of an instructional video, subject to department approval.
(c)  A child may not participate in a rodeo associated with the child's school during a school year unless the child has completed the educational program under Subsection (b) not more than one year before the first day of the rodeo.
Added by Acts 2009, 81st Leg., R.S., Ch. 868 (S.B. 2505), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 768 - Children Participating in Rodeos › Section 768.004. Rules

Sec. 768.004.  RULES.  (a)  The executive commissioner by rule shall adopt standards for:
(1)  bull riding helmets; and
(2)  protective vests.
(b)  For purposes of this section, the executive commissioner may adopt standards established under federal law or adopted by a federal agency or a nationally recognized organization.
(c)  The executive commissioner shall adopt rules establishing requirements for the educational program under Section 768.003.
Added by Acts 2009, 81st Leg., R.S., Ch. 868 (S.B. 2505), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 769 - Regulation of Certain Group Homes › Section 769.001. Definition

Sec. 769.001.  DEFINITION.  In this chapter, "group home" means an establishment that:
(1)  provides, in one or more buildings, lodging to three or more residents who are unrelated by blood or marriage to the owner of the establishment; and
(2)  provides those residents with community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration of medication but does not provide personal care services as defined by Section 247.002.
Added by Acts 2023, 88th Leg., R.S., Ch. 141 (S.B. 188), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 769 - Regulation of Certain Group Homes › Section 769.002. Exemptions

Sec. 769.002.  EXEMPTIONS.  This chapter does not apply to:
(1)  a person who holds a license issued under Chapter 142, 242, 246, 247, or 252;
(2)  a person, establishment, or facility exempt from licensing under Section 142.003(a)(19), 242.003(3), or 247.004(4);
(3)  a hotel as defined by Section 156.001, Tax Code;
(4)  a retirement community;
(5)  a monastery or convent;
(6)  a child-care facility as defined by Section 42.002, Human Resources Code;
(7)  a family violence shelter center as defined by Section 51.002, Human Resources Code; or
(8)  a sorority or fraternity house or other dormitory associated with an institution of higher education.
Added by Acts 2023, 88th Leg., R.S., Ch. 141 (S.B. 188), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 769 - Regulation of Certain Group Homes › Section 769.003. Criminal History Record Information Requirement for Applicants and Employees; Criminal Penalty

Sec. 769.003.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR APPLICANTS AND EMPLOYEES; CRIMINAL PENALTY.  (a)  An owner or operator of a group home shall obtain criminal history record information maintained by the Department of Public Safety of the State of Texas on each individual who is an applicant for employment with or an employee of the group home.
(b)  An owner or operator of a group home may not hire or continue to employ an individual for whom the owner or operator obtains criminal history record information on the applicant's or employee's conviction of an offense under Chapter 19, 20, 20A, 21, 22, 25, 28, 29, 30, 31, 32, 33, 33A, 34, 35, 35A, or 71, Penal Code, or Section 48.015, 48.02, 48.03, or 48.04, Penal Code, or any other offense punishable as a Class A misdemeanor or a felony.
(c)  An owner or operator of a group home who violates Subsection (b) commits an offense. An offense under this section is a Class A misdemeanor.
Added by Acts 2023, 88th Leg., R.S., Ch. 141 (S.B. 188), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 769 - Sexually Oriented Performances › Section 769.001. Definitions

Sec. 769.001.  DEFINITIONS.  In this chapter:
(1)  "Premises" has the meaning assigned by Section 46.03, Penal Code.
(2)  "Sexually oriented performance" has the meaning assigned by Section 43.28, Penal Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 931 (S.B. 12), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 769 - Sexually Oriented Performances › Section 769.002. Certain Sexually Oriented Performances Prohibited on Premises of Commercial Enterprise; Civil Penalty; Injunction

Sec. 769.002.  CERTAIN SEXUALLY ORIENTED PERFORMANCES PROHIBITED ON PREMISES OF COMMERCIAL ENTERPRISE; CIVIL PENALTY; INJUNCTION.  (a)  A person who controls the premises of a commercial enterprise may not allow a sexually oriented performance to be presented on the premises in the presence of an individual younger than 18 years of age.
(b)  A person who violates this section is liable to this state for a civil penalty of not more than $10,000 for each violation.
(c)  The attorney general may bring an action to:
(1)  recover the civil penalty imposed under this section; or
(2)  obtain a temporary or permanent injunction to restrain the violation.
(d)  An action under this section may be brought in a district court in:
(1)  Travis County; or
(2)  a county in which any part of the violation occurs.
(e)  The attorney general shall deposit a civil penalty collected under this section in the state treasury to the credit of the general revenue fund.
(f)  The attorney general may recover reasonable expenses incurred in bringing an action under this section, including court costs, attorney's fees, investigative costs, witness fees, and deposition expenses.
Added by Acts 2023, 88th Leg., R.S., Ch. 931 (S.B. 12), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter B. Commission on State Emergency Communications › Section 771.031. Composition of Commission

Sec. 771.031.  COMPOSITION OF COMMISSION.  (a)  The Commission on State Emergency Communications is composed of nine appointed members and three ex officio members as provided by this section.
(b)  The following individuals serve as nonvoting ex officio members:
(1)  the executive director of the Public Utility Commission of Texas, or an individual designated by the executive director;
(2)  the executive director of the Department of Information Resources, or an individual designated by the executive director; and
(3)  the executive commissioner of the Health and Human Services Commission, or an individual designated by the executive commissioner.
(c)  The lieutenant governor and the speaker of the house of representatives each shall appoint two members as representatives of the general public.
(d)  The governor shall appoint:
(1)  one member who serves on the governing body of a regional planning commission;
(2)  one member who serves as a director of or is on the governing body of an emergency communication district;
(3)  one member who serves on the governing body of a county;
(4)  one member who serves on the governing body of a home-rule municipality that operates a 9-1-1 system that is independent of the state's system;  and
(5)  one member as a representative of the general public.
(e)  Appointed members of the commission serve staggered terms of six years, with the terms of one-third of the members expiring September 1 of each odd-numbered year.
(f)  A vacancy in an appointed position on the commission shall be filled in the same manner as the position of the member whose departure created the vacancy.
(g)  The governor shall designate an appointed member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 638, Sec. 2, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1405, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 2.06, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 347 (H.B. 1093), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 771 - State Administration of Emergency Communications › Subchapter B. Commission on State Emergency Communications › Section 771.0315. Eligibility for Membership or to Be General Counsel

Sec. 771.0315.  ELIGIBILITY FOR MEMBERSHIP OR TO BE GENERAL COUNSEL.  (a)  A person is not eligible for appointment under Section 771.031 to represent the general public if the person or the person's spouse:
(1)  is registered, certified, or licensed by a regulatory agency in the field of telecommunications;
(2)  is employed by or participates in the management of a business entity or other organization receiving money from the commission;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving money from the commission;  or
(4)  uses or receives a substantial amount of tangible goods, services, or money from the commission other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses.
(b)  In this subsection, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.  A person may not be a member of the commission and may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of telecommunications or emergency communications;
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of telecommunications or emergency communications;
(3)  the person is an officer, employee, or paid consultant of a Texas association of regional councils;  or
(4)  the person's spouse is an officer, manager, or paid consultant of a Texas association of regional councils.
(c)  A person may not be a member of the commission or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
(d)  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Added by Acts 1999, 76th Leg., ch. 1405, Sec. 4, eff. Sept. 1, 1999.